IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Manoj Kumar – Appellant
Versus
Satish Kumar – Respondent
| Table of Content |
|---|
| 1. procedural context regarding the striking off of the petitioner's defence. (Para 1 , 2 , 3 , 5) |
| 2. consequences of procedural negligence and delay in filing written statements. (Para 4 , 6 , 7) |
| 3. dismissal of the revision petition due to lack of merit. (Para 8) |
JUDGMENT :
YASHVIR SINGH RATHOR. J.
1. This revision petition is directed against the orders dated 26.09.2019 and 23.01.2026 (Annexures P-2 and P-3) passed by the Court of Additional Civil Judge (Senior Division), Charkhi Dadri, vide which the defence of the petitioner was struck off and his subsequent application for setting aside the said order was dismissed.
2. I have heard learned counsel for the petitioner and have gone through the material placed on the file.
3. Learned counsel for the petitioner contended that the delay in filing the written statement was neither intentional nor deliberate, but was due to the petitioner’s employment as a truck driver. Learned counsel further contended that the petitioner was not properly represented, as he had never engaged Sh. Kulwant Singh, Advocate, whose presence was recorded in the zimni orders. Learned counsel next contended that an application to set aside the orde
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....
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 main legal point established is the court's discretion to grant one last effective opportunity to file the written statement, subject to the payment of costs, to avoid miscarriage of justice.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.