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2018 Supreme(P&H) 1941

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Amit Rawal
CR.no. 4 of 2018 (O&M)
Punjab State & Ors.
v.
Pardeep Kumar
{Decided on 08/01/2018}

Advocates:
For the Petitioner: Ms. Akanksha, AAG, Punjab.

Headnote:Civil Procedure Code, 1908, O.8 R.1 – Written Statement – Non filing of – Defence struck off – Petitioners were negligent in filing their written statement – However, in order to advance justice and prevent miscarriage of justice grant one opportunity to the petitioners to file written statement subject to payment of costs of Rs. 5,000/-. (Para 3 & 4)

JUDGMENT

Mr. Amit Rawal, J.: (Oral) - The petitioners-defendants/State of Punjab are aggrieved of theimpugned order dated 15.07.2017 (Annexure P-1), vide which, applicationfor review of the order dated 16.03.2017 (Annexure P-2), whereby, theirdefence has been struck off on the ground of non-filing of written statement,has been dismissed.

2. Learned counsel appearing on behalf of the petitionersdefendants/State of Punjab submits that in case, one opportunity is granted,they will file their written statement.

3. I have heard the counsel for the petitioners-defendants/State ofPunjab and appraised the paper book and of the view that no doubt, thepetitioners-defendants were negligent in filing their written statement.However, in order to advance justice and prevent miscarriage of justice, Ideem it appropriate to grant one opportunity to the petitioners-defendants-State of Punjab to file written statement.

4. Keeping in view the aforementioned observations, theimpugned orders dated 15.07.2017 (Annexure P-1) and 16.03.2017(Annexure P-2) are hereby set aside and the petitioners-defendants shall filetheir written statement subject to payment of costs of Rs.5,000/-, which shallbe condition precedent. If the costs is not paid as directed, the order passedalready by the Court below shall stand restored.

5. With the aforesaid observations, the revision petition stands allowed.

6. The petitioner undertakes to file written statement on the nextdate of hearing before the trial Court.

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