Ace Constructions and Another Vs Rohitash Kumar Kothari

The present revision petition h as been filed by the petitionerdefendants seeking setting aside of orde r dated 23.10.2025 (Annexure P-11) pas s ed by the learned Additional C ivil Judge (Senior Division), Derabassi, District SAS Nagar Mohali in a civil suit bearing No. CS-952022, titled as ‘Rohitash Kumar Kotha r i vs. ACE Constructions and another’; w hereby the defence of the petiti o ner/defendants has been struck off. 2. Brief facts of the case in chronological order are as

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follows:-

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28.01.2022: Respondent-plaintiff had file d Civil Suit No. CS-95-2022 (Annexure P-1) for recovery under Order X XXVII CPC for the amount of ₹18,86, 8 03/-.

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17.02.2022: The petitioner-defendants h ave filed application dated 17.02.202 2 (Annexure P-2) for recording t h eir appearance.

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RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment.

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CR-1434-2026

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28.03.2022: Vide order dated 28.03.2022 (Annexure P-3), notice of the judgment w as served upon the petitioner-d e fendants. 01.04.2022: Thereafter, the petitioners h a ve filed an application dated 01.04.202 2 (Annexure P-4) seeking leav e to defend and the case was adjourned f or filing reply to the applicatio n for leave to defend.

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18.04.2023: The petitioner-defendants wer e proceeded against ex parte. 25.07.2023: Vide order dated 25.07.202 3 (Annexure P-5) application filed by the respondent-plaintiff for subst i tution of title was allowed in order to avoid multiplicity of litigation. 21.08.2023: Vide order dated 21.08.202 3 (Annexure P-6), the order dated 18.0 4 .2023 whereby the petitioner/ d efendants were proceeded ex parte was s et aside.

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21.01.2025: Amended title (Annexure P-7 ) was filed. 22.07.2025: Vide order dated 22.07.202 5 (Annexure P-9) application filed by th e petitioner-defendants for leave to defend was allowed. 02.09.2025: On the next date of hearing i. e . 02.09.2025, petitioner failed to file w r itten statement; and matter w as adjourned to 23.10.2025 (Annexure P-10).

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23.10.2025: Defence of the petitioner was struck off by the learned trial Court vide the impugned order dated 23.1 0 .2025 (Annexure P-11).

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Learned counsel for the p e titioner/defendants, inter alia submits th a t the petitioners were unable t o file the written statement as, the learne d counsel representing the petiti o ner/defendants was indisposed. It is, howe v er, admitted that no medical re c ord of said learned counsel has been appe n ded by the petitioners along w i th the present revision petition to support t heir contention. Further, learne d counsel submits that it is only

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RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment.

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CR-1434-2026

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on one date that the petitioner-defendants have failed to file their written statement. It is accordingly, prayed th a t the impugned order dated 23.10.202 5 (Annexure P-11) may be s et aside and the petitioner/ defendants may be granted one effecti v e opportunity to file written statement, subject to payment of reasonabl e costs. 4. I have heard learned counsel f or the petitioner/defendant and perused th e case file in great detail. 5. Without commenting upon m erits of the case as well as the averments made in the petition, but in vie w of principles of natural justice, equity, go o d conscience and fair play; this petition is being disposed of without is s uing Notice of Motion to th e respondent as that will only further del a y be matter; the impugned order dated 23.10.2025 (Annexure P-11) is s et aside. It is directed that t h e petitioners be granted one effective opportunity to submit their writ t en statement, however, subject to costs of ₹50,000/- to be paid by th e m directly to the respondentplaintiff o n the next date of hearing before the learned trial Court which is stated to b e 18.03.2026, failing which the i nstant revision petition shall be deemed to be dismissed.

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Pending application(s), if any , shall also stand disposed of.

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11.03.2026 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No

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Whether Reportable Yes/No

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RISHU KATARIA 2026.03.12 12:17 I attest to the accuracy and authenticity of this order/judgment.

Ace Constructions and Another v. Rohitash Kumar Kothari

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Ace Constructions and Another v. Rohitash Kumar Kothari

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