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RAJBIR SEHRAWAT
Estate officer, Haryana Shehri Vikas Pradhikaran Rewari – Appellant
Versus
Rahul – Respondent
| Table of Content |
|---|
| 1. nature of the petitioner's request under article 227. (Para 1) |
| 2. importance of granting the petitioner the chance to defend. (Para 2) |
| 3. trial court's previous actions regarding the written statement. (Para 3) |
| 4. balancing procedural law with substantial justice. (Para 4) |
| 5. court's directive to allow filing of the written statement. (Para 5) |
| 6. conditions for granting the opportunity to the petitioner. (Para 6 , 7) |
JUDGMENT :
Rajbir Sehrawat, J.
The present revision petition has been filed under Article 227 of the Constitution of India, praying for setting aside the impugned order dated 14.11.2022 (Annexure P1) passed by the Civil Judge (Senior Division), Kosli, District Rewari in CIS No.CS/85/2022, whereby the defence on behalf of the petitioners/defendants No.3 and 4 is struck off.
2. It is submitted by counsel for the petitioner that the petitioner is a public body involved in protection of the public properties. The petitioner is the contesting defendant in the civil suit. On some dates, the written statement could not be filed by the petitioner because of unavoidable circumstances. As a result, the trial Court has struck off the right of the petitioner to file the
The court balanced procedural law with substantial justice and granted a public body one more opportunity to defend the suit with a financial burden imposed.
Procedural law is meant to serve substantial justice, and in case of conflict, the interest of substantial justice should prevail.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
The court may exercise discretion to condone the delay in filing the written statement and grant one more opportunity if it deems it appropriate for just and proper adjudication of the case.
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