Naresh Kumar Vs Shishpal and Others — Punjab & Haryana HC (2025) — LawSathi Research

Naresh Kumar Vs Shishpal and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision petition allowed; order dated 12.05.2025 striking off the defence set aside to that extent; petitioner granted one effective opportunity to file the written statement on 15.09.2025 (date already fixed), with the trial court directed to accept the written statement filed on that date.

Issue for consideration

Whether the defence of the petitioner, struck off for failure to file the written statement after only two opportunities (the delay being attributable to documents required to be attached with the written statement), should be restored by granting one last opportunity, the lis being decided on merits rather than on technicalities.

Court's answer

A lis should be decided on merits rather than on technicalities; justice demands that one last opportunity be given to the petitioner to file the written statement.

Ratio / Principle

The civil revision petition stands allowed and the order dated 12.05.2025 passed by the Addl. Civil Judge (Sr. Divn.)-cum-SDJM, Narwana, District Jind is set aside to the extent of striking off the defence of the petitioner.

Key takeaways

The petitioner is granted one effective opportunity to file the written statement on 15.09.2025, the date already fixed before the trial court, and the learned trial court is directed to accept the written statement filed by the petitioner on that date.ratio¶18

Detailed headnote1 paragraphs

Civil Revision (Punjab & Haryana HC) — Striking off defence for non-filing of written statement: Where the defendant was afforded only two opportunities to file the written statement and the delay was occasioned by certain documents required to be attached therewith, the Court held that a lis ought to be decided on merits rather than on technicalities and that justice demanded one last opportunity. The order dated 12.05.2025 passed by the Addl. Civil Judge (Sr. Divn.)-cum-SDJM, Narwana, District Jind in Civil Suit No. 239 of 2024 (Shishpal vs. Satpal and ors.), whereby the defence of the petitioner/defendant No. 2 was struck off, was set aside to that extent; one effective opportunity was granted to file the written statement on 15.09.2025 (the date already fixed), and the trial court was directed to accept it. Coram: Sudeepti Sharma, J. (Oral); decision dated 08.09.2025; speaking/reasoned: Yes; reportable: No.

C. R No. 6234 of 2025

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

C. R No. 6234 of 2025 (O&M) Date of Decision:- 08.09.2025

Naresh Kumar

....Petitioner

versus

Shishpal and ors. ...Respondents

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Ms. Kushaldeep Kaur and Ms. Varsha Sharma, Advocates, for the petitioner.

SUDEEPTI SHARMA, J. (Oral)

Present civil revision petition has been preferred against the order dated 12.05.2025 passed by learned Addl. Civil Judge (Sr. Divn.)cum-SDJ 8 Narwana, District Jind in Civil suit no. 239 of 2024 titled as Shishpal vs. Satpal and ors., whereby defence of the petitioner/defendant No. 2 has been struck off on account of failure to file written statement.

Learned counsel for the petitioner contends that the first date in the civil suit was 16.04.2024, therefore, the petitioner appeared for the first time on 26.11.2024 and gave his Memorandum of Appearance. That was the first opportunity to file written statement and the matter was thereafter adjourned to 03.02.2025. On that date, the petitioner could not file written statement and on the 2^nd date itself i.e 12.05.2025, the defence of the petitioner was struck off.

Learned counsel for the petitioner contends that the written statement is ready and one last opportunity be granted to the petitioner to file written statement on the next date of hearing before learned Addl. Civil GAURAV ARORAJudge (Sr. Divn.)-cum-SDJM, Narwana, District Jind i.e 15.09.2025. 2025.09.12 14:00 I attest to the accuracy and integrity of this document

C. R No. 6234 of 2025

I have heard learned counsel for the petitioner and perused the whole file of this case with her able assistance.

A bare perusal of the file shows that the petitioner is granted only two opportunities to file written statement and on the second date itself, the defence of the petitioner was struck off. A perusal of the file further shows that certain documents were required to be attached with the written statement for which the delay in filing the written statement is caused. A lis should be decided on merits rather on technicalities, therefore, justice demands that one last opportunity is required to be given to the petitioner to file written statement.

Hence, the present revision petition stands allowed and order dated 12.05.2025 passed by learned Addl. Civil Judge (Sr. Divn.)-cumSDJM, Narwana, District Jind is set aside to the extent of striking off the defence of the petitioner. The petitioner is granted one effective opportunity to file written statement on 15.09.2025 i.e the date already fixed before the learned trial Court. The learned trial Court is directed to accept the written statement filed by the petitioner on 15.09.2025.

08.09.2025

Gaurav Arora

(SUDEEPTI SHARMA) JUDGE

Whether speaking/reasoned Yes Whether reportable No

GAURAV ARORA 2025.09.12 14:00 I attest to the accuracy and integrity of this document