IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Jaggi @ Jagdish @ Jaggu – Appellant
Versus
Zile Singh – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR , J.
1. This revision petition is directed against the order dated 05.09.2025 (Annexure P-8) passed by the Court of learned Civil Judge (Junior Division), Nuh vide which the defence of petitioners/defendants has been struck off.
2. Before proceeding further, the impugned order is reproduced as under:-
“Learned counsel for defendants sought adjournment for filing written statement and reply to injunction application, which is highly opposed by the learned counsel for plaintiffs. Heard. After hearing learned counsel and perusal of case file, it is clear that defendants appeared on dated 10.12.2024 and thereafter they availed 4 effective opportunities to file written statement and reply to stay application. Now no ground is made out to adjourn the case for same purpose again and again. Therefore, defence of defendants is hereby struck off. On request, case is adjourned to 11.11.2025 for evidence of plaintiff at own responsibility.
Civil Judge (Jr. Divn.)
Nuh(UID No. HR-0457) ”
3. In view of the nature of the order proposed to be passed, issuance of notice to the respondent is dispensed with, as it would only delay the proceedings and cause unnecessary expendit
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....
Procedural law is directory in nature, and the court must protect the substantial rights of the defendant.
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.
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.
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