Revision against order striking off defendant's defence for failing to file amended written statement despite four last opportunities. Court held the order not perverse but granted one final opportunity to file the written statement, subject to costs of Rs.25,000 payable to the plaintiff.
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126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-2269-2026 Date of Decision: March 10, 2026
Amritsar Improvement Trust …Pe,,oner
versus
Mani Bha-
…Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Shiv Charan Bhola, Advocate for the pe��oner. DEEPAK GUPTA, J.(Oral)
Pe��oner herein is the defendant in a civil suit bearing No.CS2929 of 2021, �tled as “Mani Bha� v. Amritsar Improvement Trust” , pending before learned Civil Judge (Jr. Divn.), Amritsar. Pe��oner is aggrieved by the order dated 28.10.2025 (Annexure P-13), whereby its defence was struck off.
SARITA RANI 2026.03.10 16:22 I attest to the accuracy of this document/order
CR-2269-2026
- 2 -
2026:PHHC:036146
impugned order cannot be held to be perverse or illegal, but one opportunity is provided to the pe��oner to file wri0en statement, subject to payment of �25,000/- as cost payable to the respondent-plain�ff by way of a demand dra4. The next date stated to be fixed before the trial Court is 13.03.2026. The trial Court is directed to grant one opportunity to the pe��oner to pay the cost as imposed above within a period of 10 days from today and then permit the pe��oner to file wri0en statement. No further opportunity shall be provided for the purpose.
The present revision pe��on is disposed of accordingly.
Since this order has been passed without issuing no�ce to respondent, in order to avoid the delay, therefore, he will be at liberty to approach this Court, in case, he feels aggrieved by this order.
| March 10, 2026 | (DEEPAK GUPTA) | |
|---|---|---|
| sarita | JUDGE | |
| Whether reasoned/speaking: | Yes/No | |
| Whether reportable: | Yes/No |
SARITA RANI 2026.03.10 16:22 I attest to the accuracy of this document/order
1 issue framed by the court
Whether a defendant whose defence was struck off after repeated failures to file written statement deserves one final conditional opportunity.
Amritsar Improvement Trust
Mani Bhai
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
