State of Haryana and Another Vs Sudesh — Writ and Judicial Review | Punjab & Haryana HC (2025)

State of Haryana and Another Vs Sudesh — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

One opportunity granted to the appellants-defendants (State petitioners) to file the written statement in the trial Court, subject to payment of `5,000/- as costs to the respondent-plaintiff through a demand draft, payment being a condition precedent for filing the written statement; trial Court to fix a date for filing the written statement and proceed in accordance with law; respondent-plaintiff free to approach the Court if aggrieved.

Issue for consideration

Whether the orders of the trial Court dated 16.05.2023 (striking off the defence of the defendants for failure to file the written statement) and dated 09.10.2024 (dismissing the recall application) should be set aside, and whether the State defendants should be given an opportunity to file the written statement.

Court's answer

The revision petition is accepted without issuing any notice to the respondent, and the trial Court is directed to provide one opportunity to the appellants-defendants to file the written statement.

Ratio / Principle

The opportunity to file the written statement is subject to payment of `5,000/- as costs to the respondent-plaintiff through a demand draft; payment of the cost shall be a condition precedent for filing the written statement, and the trial Court shall fix a date for filing the written statement and proceed further in accordance with law.

Key takeaways

Since the order has been passed without issuing notice to the respondent-plaintiff, the said respondent will be at liberty to approach this Court in case she feels aggrieved.obiter¶17

Detailed headnote1 paragraphs

ARTICLE 227 REVISION – WRITTEN STATEMENT – DEFENCE STRUCK OFF FOR FAILURE TO FILE WRITTEN STATEMENT – RECALL APPLICATION DISMISSED – ONE FINAL OPPORTUNITY GRANTED SUBJECT TO COSTS AS CONDITION PRECEDENT. High Court of Punjab and Haryana at Chandigarh (Deepak Gupta, J., Oral) disposed of CR No.2346 of 2025 (O&M) on 21.04.2025. Haryana State through Collector, Hisar and another petitioned under Article 227 of the Constitution of India to set aside the trial Court order dated 16.05.2023, whereby the defence of the defendants (State) was struck off in a suit for declaration filed by Smt. Sudesh after the defendants failed to file the written statement, and the subsequent order dated 09.10.2024 dismissing the application to recall that order. Without issuing notice to the respondent, the petition was accepted: the trial Court was directed to provide one opportunity to the appellants-defendants to file the written statement subject to `5,000/- as costs payable to the respondent-plaintiff through a demand draft, payment of cost being a condition precedent for filing the written statement; the trial Court to fix a date for filing the written statement and proceed in accordance with law. Being passed without notice, the respondent-plaintiff was left at liberty to approach the Court if aggrieved.

S. No.137

**IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ******

CR No.2346 of 2025 (O&M) Date of Decision:21.04.2025

Haryana State through Collector, Hisar and another .....Pe��oners

Vs.

Smt. Sudesh .....Respondent

CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:Mr. R.K.S. Brar, Addl. AG, Haryana for the applicant- pe��oners.

DEEPAK GUPTA, J. (Oral)

By way of this revision filed under Ar�cle 227 of the Cons�tu�on of India, pe��oners – State of Haryana pray for se��ng aside the order dated 16.05.2023 and the subsequent order dated 09.10.2024 (Annexure P.3).

Suit for declara�on was filed by plain�ff – Smt. Sudesh (respondent herein) in which Haryana State through Collector, Hisar was impleaded as defendant No.1 and Haryana State through Director Secondary Educa�onal, Haryana, Panchkula was impleaded as defendant No.2. Appearance on behalf of defendant No.1 was made on 04.03.2021 and that on behalf of defendant No.2 was made on 15.02.2023. As defendants failed to file the wri�en statement, their defence was struck off on 16.05.2023 and applica�on to recall the said order was dismissed on 09.10.2024.

Assailing the afore-said order, learned State Counsel submits that it is only defendant No.2, who was the contes�ng party and that only period of 90 days was allowed to file the wri�en statement. Learned State Counsel prays for gran�ng only one opportunity to file the wri�en statement, submi�ng that case is s�ll at the stage of evidence of the plain�ffs.

RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh

CR No.2346 of 2025 (O&M) -2-

Without issuing any no�ce to the respondent, lest it may delay the proceedings, the present pe��on is hereby accepted by direc�ng the trial Court to provide one opportunity to the appellants- defendants to file the wri�en statement, subject to 5,000/- as costs payable to the respondent- plain�ff through a demand dra�. Payment of cost of 5,000/- shall be condi�on precedent for filing the wri�en statement. The trial Court shall fix a date for filing the wri�en statement and then proceed further in accordance with law.

Since this order has been passed without issuing any no�ce to the respondent- plain�ff, therefore, the said respondent will be at liberty to approach this Court in case she feels aggrieved.

Disposed of.

April 21, 2025 ( DEEPAK GUPTA ) renu JUDGE

Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

RENU 2025.04.22 13:41 I attest to the accuracy and integrity of this document Chandigarh