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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Gurpreet Singh – Appellant
Versus
Baljinder Singh – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and factual context of the case. (Para 1 , 2 , 3) |
| 2. assessment of the adequacy of reasons for procedural non-compliance. (Para 4 , 6) |
| 3. petitioner's justification for failing to file the written statement due to absence abroad. (Para 5) |
| 4. final adjudication, dismissal of the petition, and clarification of judgment scope. (Para 7 , 8) |
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The instant civil revision petition has been instituted by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, assailing the order dated 07.10.2024 passed by the learned Civil Judge, Ludhiana, whereby the defence of the petitioner–defendant was struck off.
2. In exhaustive detail, the respondent–plaintiff instituted a suit for declaration, claiming to be the owner in joint possession of the suit property and seeking a declaration that defendants No.1 to 5 have no right, title, or interest therein. The plaintiff further sought a declaration that the sale deed allegedly executed by defendants No.1 to 5 in their favour from defendant No.6 is illegal, null and void, and not binding upon the rights of the plaintiff
Supervisory jurisdiction is discretionary and equitable; it cannot be invoked by a litigant who fails to exercise diligence, provides unsubstantiated reasons for procedural delays, or exhibits inordi....
The court holds that a defendant's failure to file a written statement within the prescribed period due to negligence or lethargy justifies the striking off of their defence, and such orders will not....
Amendments to pleadings that do not introduce new claims may be allowed even after the trial has commenced, emphasizing judicial discretion in such matters.
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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