IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Ramkishan – Appellant
Versus
Om Parkash – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition is directed against the order dated 06.07.2022 (Annexure P-1) passed by the Court of Additional Civil Judge (Senior Division), Bhiwani, vide which the defence of defendant No. 2/petitioner has been struck off on account of his failure to file the written statement.
2. I have heard learned counsel for the petitioner and gone through the material placed on the file.
3. Learned counsel for the petitioner contended that the delay in filing the written statement was not intentional and was rather due to a communication gap and negligence on the part of the counsel engaged by the petitioner. It is further contended that the petitioner was not informed about the proceedings or the requirement to file the written statement and he came to know about the impugned order recently. Learned counsel next contended that one opportunity be granted to file the written statement in the interest of justice and that the petitioner is ready and willing to contest the suit on merits.
4. However, I do not find any force in the contention raised by learned counsel for the petitioner and the petition in hand is liable to be dismissed for the reasons d
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 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.
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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