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CR-884-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(124)

CR-884-2026

Date of Decision:-29.01.2026

Ram Lubhaya

……Petitioner

Versus

Vimlesh

……Respondent

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Mr. Ashish Jhamb, Advocate

for the petitioner.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present petition has been filed under Article 227 of the

Constitution of India seeking setting aside of the impugned order dated

07.08.2023 (Annexure P-14), passed by the Civil Judge (Junior Division),

Faridabad, whereby the defence of the petitioner was struck off on account

of non-filing of the written statement, as well as the order dated 15.12.2025

(Annexure P-27), whereby the application filed by the petitioner under

Section 151 CPC for recalling the order dated 07.08.2023 was dismissed.

2. Briefly, the facts of the case are that the respondent-plaintiff

instituted a suit for possession with consequential relief of mandatory and

permanent injunction against the petitioner. On 03.03.2020, the petitioner

appeared before the learned Trial Court for the first time. Vide order dated

07.08.2023, the learned Trial Court struck off the defence of the petitioner

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on the ground of non-filing of the written statement, and subsequently, vide

order dated 15.12.2025, dismissed the application filed by the petitioner for

recalling the order dated 07.08.2023.

3. Learned counsel for the petitioner submits that the petitioner

was not afforded adequate and reasonable opportunity to file the written

statement. It is contended that striking off the petitioner’s defence at this

stage would cause grave prejudice to his rights and adversely affect the fair

trail of the case. Thus, for proper adjudication of the matter and in view of

the valuable rights involved, it is necessary to grant one effective

opportunity to the petitioner for filing of written statement.

4. I have heard learned counsel for the petitioner and perused the

paper book.

5. After hearing learned counsel for the petitioner and upon

perusal of the case record, this Court is of the considered view that, since

valuable rights of the petitioner are involved in the present case, it would be

in the interest of justice to grant one effective opportunity for filing of

written statement in the suit pending before the learned trial Court.

6. Accordingly, the present petition is allowed, without

commenting upon the merits of the case. The impugned order dated

07.08.2023 (Annexure P-14) as well as subsequent order dated 15.12.2025

(Annexure P-27), passed by the Civil Judge (Junior Division), Faridabad, is

hereby set aside, subject to payment of costs of Rs.5,000/-, to be deposited

by the petitioner in the District Legal Services Authority, Faridabad.

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7. The petitioner shall appear before the learned trial Court on the

date fixed and on his production of receipt qua deposition of costs, the trial

Court shall grant one effective opportunity to the petitioner for filing of

written statement.

8. The Registry is directed to forward a copy of this order to

Civil Judge (Junior Division), Faridabad, for compliance.

9. All pending application(s), if any, stand disposed of

accordingly.

(AMARINDER SINGH GREWAL)

JUDGE

29.01.2026

Shubham

Whether speaking/reasoned:- Yes/No

Whether Reportable:- Yes/No

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