IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Baisakhi Ram – Appellant
Versus
Sukhdev Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 30.05.2024 (Annexure P-3) passed by the Civil Judge (Junior Division), Pehowa in Civil Suit No.CIS-467-2023 titled as “Sukhdev Singh Vs. Baishakhi Ram etc.”, whereby the defence of the petitioners/defendants was struck off.
2. The undisputed facts of the present case are that the respondent had filed a suit for permanent injunction against the present petitioners on 19.09.2023. As is apparent from the zimni orders, on 27.09.2023, the present petitioners had appeared through their attorney and the case was adjourned to 18.10.2023 for filing written statement. On 18.10.2023, an adjournment was sought by the present petitioners for filing the written statement as well as reply to the injunction application and the case was adjourned to 08.11.2023. Zimni order dated 08.11.2023 has not been annexed with the paper book. Thereafter, vide order dated 20.12.2023, case was adjourned on the prayer made by the petitioners/defendant Nos.1 and 2 for filing written statement and reply to the injunction application. The adjournment was granted subject to the
The court emphasized the need for timely action on appeals and upheld the Execution Court's order under Article 227, reaffirming limits on High Courts' supervisory power.
The court's jurisdiction under Article 227 is supervisory, allowing for discretion in permitting late defenses under mitigating circumstances, without the ability to substitute the lower court's deci....
Amendments to pleadings post-commencement of trial under Civil Procedure Code are restricted unless due diligence is demonstrated.
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