IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARBANS SINGH – Appellant
Versus
MEGH RAJ JINDAL AND OTHERS – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. This revision petition is directed against the order dated 15.10.2025 (Annexure P-11) passed by the Court of Civil Judge (Junior Division), Samana, District Patiala, 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 beyond the control of the petitioner. His younger son namely Amandeep Singh, who had been impleaded as defendant No.3, had died and the petitioner was, thus, under stress for a long time and could not contact his counsel to file the written statement. Learned counsel further contended that even his counsel did not inform him, who infact was earlier engaged by the present plaintiff/respondent in one civil suit instituted by the present plaintiff against one Surender Kumar. Learned counsel next contended that one opportunity be granted to file the written statement in the interest of justice and that he is also ready to pay the cost
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.
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.
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.
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.