Satish Kumar and Another v. Netar Singh and Others

Punjab & Haryana HC5 Aug 2025CR/5202/2025

Case brief

AI extract

What is this about?

Striking off defence; written statement not filed within time; Order 8 Rule 1 CPC directory in nature; condonation/restoration of defence; revision petition CR-5202-2025; SAS Nagar trial court order set aside; one effective opportunity to file written statement; costs Rs.5,000/- to plaintiffs; counsel absent attending ailing wife at PGI Chandigarh; defendants No.5 and 6; interest of justice; initial stage of suit; Mandeep Pannu J.

What did the court decide?

Impugned order dated 02.07.2025 set aside; petitioners/defendants No.5 and 6 granted one effective opportunity to file the written statement before the learned trial Court, subject to payment of costs of Rs.5,000/- to the plaintiffs before the learned trial Court. ¶¶21

Satish Kumar and Another Vs Netar Singh and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 02.07.2025 passed by the Addl. Civil Judge (Sr. Division), SAS Nagar, striking off the defence of the petitioners/defendants No.5 and 6 for failure to file the written statement within the prescribed time, should be set aside.

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Court's answer

Although the period prescribed under Order 8 Rule 1 CPC should generally be adhered to, the provisions contained therein are directory in nature and the Court should not be too harsh in not allowing the filing of the written statement by striking off the defence.

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Ratio / Principle

Keeping in view the facts and circumstances, and since the case is at initial stage with plaintiffs/respondents yet to lead evidence and in the interest of justice, the petition is allowed and the impugned order dated 02.07.2025 is set aside.

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Key takeaways

The petitioners/defendants No.5 and 6 are granted one effective opportunity to file the written statement before the learned trial Court, subject to payment of costs of Rs.5,000/- to the plaintiffs before the learned trial Court.ratio¶¶21

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh, CR-5202-2025, decided 05.08.2025 (Mandeep Pannu, J., oral). Revision petition by Satish Kumar and another (defendants No.5 and 6) against the order dated 02.07.2025 of the Addl. Civil Judge (Sr. Division), SAS Nagar, striking off their defence for failure to file the written statement within the time prescribed under Order 8 Rule 1 CPC, the delay being attributed to their counsel's absence while attending his ailing wife at PGI, Chandigarh. Held: though the Order 8 Rule 1 period should generally be adhered to, its provisions are directory in nature and striking off the defence is too harsh a consequence; the suit being at an initial stage with the plaintiffs yet to lead evidence, the petition was allowed, the impugned order was set aside, and one effective opportunity was granted to file the written statement subject to payment of costs of Rs.5,000/- to the plaintiffs before the trial Court.

CR-5202-2025

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117

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-5202-2025 DECIDED ON: 05.08.2025

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SATISH KUMAR AND ANR.

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.....PETITIONERS

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VERSUS

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NETAR SINGH & ORS.

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.....RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE MANDEEP PANNU

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Present: Mr. Yashjot Singh Dhaliwal, Advocate for the petitioners.

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MANDEEP PANNU, J (ORAL)

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The present revision petition has been preferred for setting aside the order dated 02.07.2025 passed by Addl. Civil Judge (Sr. Division), SAS Nagar, whereby the defence of the petitioners (defendants No.5 and 6) has been struck off.

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The petitioners have challenged the validity of the order passed by the learned Additional Civil Judge (Senior Division), SAS Nagar, whereby the defence of the petitioners/defendants No. 5 and 6 was struck off due to their failure to file the written statement within the time frame prescribed under the Code of Civil Procedure (CPC). It is submitted by the petitioners /defendants No.5 and 6 that their counsel had been attending his ailing wife at PGI, Chandigarh due to which he was unable to appear and could not file the written statement and reply before the learned trial Court.

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POONAM NEGI 2025.08.06 17:35 I attest to the accuracy and integrity of this document

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CR-5202-2025

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Learned counsel for the petitioners further submits that the petitioners are ready to file the written statement and reply, if one opportunity is granted to the them.

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Although the period prescribed under Order 8 Rule 1 CPC should generally be adhered to but the provisions contained in the same are directory in nature and the Court should, therefore, not be too harsh in not allowing the filing of written statement by striking of the defence.

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Keeping in view the facts and circumstances of the present case and also the fact that the case is at initial stage wherein plaintiffs/respondents are yet to lead the evidence and in the interest of justice, the present petition is allowed and the impugned order dated 02.07.2025 passed by Addl. Civil Judge (Sr. Division), SAS Nagar is hereby set aside. The petitioners/defendants No.5 and 6 are granted one effective opportunity to file the written statement before the learned trial Court subject to payment of costs of Rs.5,000/- to be paid to the plaintiffs before the learned trial Court.

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05.08.2025		(MANDEEP PANNU) JUDGE
Poonam Negi
Whether speaking/reasoned	Yes/No
Whether reportable	Yes/No

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POONAM NEGI 2025.08.06 17:35 I attest to the accuracy and integrity of this document

Satish Kumar and Another v. Netar Singh and Others

Case brief

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Satish Kumar and Another v. Netar Singh and Others

Case brief

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