271

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-3380-2021 (O&M)

Date of decision: 15.07.2022

Sundar Lal

... Petitioner

Vs.

Rohtash

.. Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Rahul Jaswal, Advocate

for the petitioner.

Mr. Mohit Aneja, Advocate

for the respondent.

*******

ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for setting aside the order dated

11.11.2021 passed by the Additional Civil Judge (Sr. Divn.), Samalkha, vide

which the prayer for granting one more opportunity to file the written

statement, was declined and the defence was struck off.

Brief facts of the case are that the respondent-plaintiff filed a suit

for possession against the petitioner-defendant on 09.01.2020. The petitioner-

defendant availed number of opportunities for filing the written statement and

when the same was not filed, the Civil Court, vide impugned order dated

11.11.2021, declined the prayer of the petitioner and struck off his defence. The

operative part of the impugned order reads as under: -

VISHNU

2022.07.15 16:08

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

CR-3380-2021 (O&M)

-2-

“Today the case is fixed for filing written statement subject to last

opportunity as well as for payment of cost of Rs. 100 in SDLSA,

Samalkha. Cost paid. Receipt placed on file. Written statement on

behalf of the defendant not filed. Perusal of the file also shows

that several opportunities have been granted to the defendant for

filing the written statement including last opportunities but he

failed to file the same. Further more as per the mandatory

provisions of CPC, 90 days time has already been expired. Hence,

further adjournment is not justified and defence of the defendant

is hereby struck off.

From the pleadings, the following issues are hereby settled

for trial:-

1. Whether the plaintiff is entitled for possession and

permanent injunction as prayed for? OPP.

2. Relief.

No other issue is pressed or raised by either of the parties.

Remaining plea, if any, deemed to be waived. Both the parties are

directed to file list of witnesses within fifteen days positively. Now,

case stands adjourned to 01.12.2021 for evidence of plaintiff.”

Learned counsel for the petitioner submits that the petitioner

raised a good ground that due to lockdown, the cases were adjourned and he

was not in a position to file the written statement.

VISHNU

2022.07.15 16:08

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

CR-3380-2021 (O&M)

-3-

Learned counsel for the respondent could not dispute the factual

position.

In view of the above, this petition is allowed and the impugned

order dated 11.11.2021 is set aside. The petitioner is granted one more

opportunity to file the written statement within a period of 30 days from today,

however, this will be subject to payment of Rs.3,000/- to the plaintiff-

respondent.

[ ARVIND SINGH SANGWAN ]

15.07.2022

JUDGE

vishnu

Whether speaking/reasoned : Yes/No

Whether reportable

: Yes/No

VISHNU

2022.07.15 16:08

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh