Disposed

Rajinder Singh and Others v. Punjab and Sind Bank

Punjab & Haryana HC4 Oct 2024CR/5820/2024

Case brief

AI extract

What is this about?

Revision against order striking off defendants' defence for failure to file written statement for over a year. Court impleaded LRs of deceased petitioner, allowed one opportunity to file written statement subject to ₹10,000/- cost, disposed of petition without notice, leaving respondent free to approach if aggrieved.

What did the court decide?

One opportunity to file written statement on payment of ₹10,000/- cost by Demand Draft; LRs of deceased petitioner impleaded for pursuing petition.

Rajinder Singh and Others Vs Punjab and Sind Bank — Property and Title | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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122

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CR-5820-2024 (O&M) Date of Decision.:04.10.2024

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Rajinder Singh and Others Pe00oners

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Vs.

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Punjab and Sind Bank Respondent

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CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA

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Present: Mr. Lovish Ra�an, Advocate for the pe��oners.

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DEEPAK GUPTA, J. (ORAL)

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CM-17653-CII-2024:

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This is an applica�on under Order 22 Rule 3 (wrongly men�oned as Rule 4 CPC) read with Sec�on 151 CPC to implead legal representa�ves of pe��oner No.1- Rajinder Singh, who is stated to have expired on 06.07.2024.

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Learned counsel contends that during pendency of the suit before the trial Court, defendant No.1- Rajinder Singh (pe��oner No.1 herein) has since expired. No applica�on to implead the LRs of deceased- defendant No.1 has been moved before the trial Court so far. The applica�on before this Court has been moved as the impugned order dated 19.07.2024 was to be challenged, whereby defence of the defendants was struck off. The persons men�oned in para No.2 of the applica�on are stated to be the widow and children of the deceased.

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Applica�on is allowed subject to all just and legal excep�ons only for the purpose of pursuing the present pe��on.

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Memo of par�es, as filed along with the pe��on is accepted.

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Main case.:

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Pe��oners have assailed the order dated 19.07.2024 (Annexure P-1), whereby defence of the defendants (pe��oners herein) was struck off by the trial Court.

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NEETIKA TUTEJA 2024.10.04 16:01 I attest to the accuracy and integrity of this document

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CR-5820-2024 (O&M)

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-2-

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As per the impugned order, the defendants (pe��oners herein) had put in appearance through their counsel before the Court on 27.07.2023 and despite more than one year, the wri�en statement was not filed. Learned counsel for the pe��oner fairly concede that there was lapse on the part of the defendants in not filing the wri�en statement but he requests for gran�ng only one opportunity to the pe��oners so as to file wri�en statement. It is also informed by him that case is s�ll at the stage of plain�ff’s evidence and not even a single witness has been examined on behalf of plain�ff (respondent herein) , so far.

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Without issuing any no�ce of the pe��on to the other party, lest it may delay the proceedings, the present pe��on is hereby accepted with the direc�on to the trial Court concerned to provide only one opportunity to the pe��oners to file the wri�en statement. However, it is subject to cost of ₹10,000/- payable by the pe��oners- defendants to the respondents- plain�ff by way of a Demand Dra@. The trial Court shall fixed a date for filing the wri�en statement and shall ensure that cost of ₹10,000/- by way of Demand Dra@ is paid on or before filing of the wri�en statement.

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Disposed of accordingly.

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Since this order has been passed without issuing any no�ce to the respondent, he will be at liberty to approach this Court, in case he feels aggrieved by the order.

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( DEEPAK GUPTA ) JUDGE

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October 04, 2024 Nee�ka Tuteja

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Whether Speaking/reasonedYes/No Whether Reportable Yes/No

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NEETIKA TUTEJA 2024.10.04 16:01 I attest to the accuracy and integrity of this document

Rajinder Singh and Others v. Punjab and Sind Bank

Case brief

What is this about?

What did the court decide?

Rajinder Singh and Others v. Punjab and Sind Bank

Case brief

What is this about?

What did the court decide?

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