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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Manjit Singh – Appellant
Versus
Mohan Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
1. The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 16.09.2025 (Annexure P-4) passed by the Court of Addl. Civil Judge (Sr. Divn.), SBS Nagar, vide which the defence of the petitioners-defendants was struck off on account of nonfiling of written statement.
2. The facts, as emanating from the revision petition, are that a civil suit for permanent and mandatory injunction was filed by the respondent-plaintiff (Mohan Singh) on 25.04.2025. The suit was accompanied by an application under Order 39 Rules 1 and 2 CPC. Notice was issued on 28.04.2025. Petitioners put in appearance before the trial Court through their counsel on 29.05.2025 and the case was adjourned to 29.07.2025 for filing of written statement. On the said date, the case was again adjourned to 13.08.2025 and then on 13.08.2025 to 16.09.2025 for filing of the written statement. On 16.09.2025, another suit pending between the same parties was also listed, in which replication was filed by the respondent-plaintiff and the said case was adjourned to 13.10.2025. Since the said case was adjourned to 13.10.2025, the petitioners were
Parties should be allowed to file written statements to ensure cases are adjudicated on merits, not mere technicalities, provided justifiable reasons for delays are shown.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
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.
The court affirmed that the timelines for filing written statements are directory in non-commercial disputes, allowing the defendant an opportunity to submit his statement upon payment of costs.
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