High Court of Punjab and Haryana set aside order striking off petitioner-defendant's defence. Appellant permitted to file written statement subject to payment of Rs.10,000 costs to respondent.
Revision petition allowed; impugned order modified granting opportunity to file written statement subject to cost deposit of Rs. 10,000.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-106-2023 (O&M) Date of Decision: 09.01.2023
Ocean Agro (India) Limited
..…Petitioner
Versus
Chander Shekhar and others ….Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Manish Kumar Singla Advocate for the petitioner.
ARUN MONGA, J. (ORAL)
Petition herein,under Article 227 of Constitution of India is for setting aside the impugned order dated 29.09.2022 passed by Ld. Civil Judge (JD), Bathinda, whereby the defence of the petitioner-defendant was struck off.
ASHISH 2023.01.25 15:18 I attest to the accuracy and authenticity of this order/judgment
CR-106-2023 (O&M)
-2-
(ARUN MONGA) JUDGE
January 09, 2023 ashish
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
ASHISH 2023.01.25 15:18 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether the impugned order striking off the defence of the appellant-defendant under Order 8 Rule 1 CPC should be modified to allow filing of written statement.
Whether the requirement of filing a written statement strictly adheres to Order 8 Rule 1 CPC or allows for discretion with penalties.
Colour shows how this judgement treated each authority
Salem Bar Association Vs. UOIRelied on¶20
Salem Bar Association Vs. UOI, 2005(6) SCC 344 · Who else cites this
2 provisions across 2 enactments
Ocean Agro (India) Limited
Chander Shekhar and others
ARUN MONGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
