IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (127)

Date of Decision:-22.01.2026 Harjinder Singh ……Petitioner Versus Balwinder Singh (Since deceased) through his LRs and Others ……Respondents CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present: Mr. Manpreet Singh Dua, 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 24.09.2025 (Annexure P-1) passed by the Civil Judge (Junior Division), Guruharsahi whereby the defence of the petitioner was struck off due to non-filing of the written statement.

2. Briefly, the facts are that the respondents-plaintiffs instituted a suit for possession by way of specific performance against the petitioner. On 18.09.2024, the petitioner appeared before the learned Trial Court for the first time. Vide order dated 24.09.2025, the learned Trial Court struck off the defence of the petitioner on the ground of non-filing of the written statement.

3. Learned counsel for the petitioner submits that the petitioner was not afforded adequate and reasonable opportunity to file the written statement. He further submits that the petitioner could not file the written statement due to unavoidable circumstances and health problems. 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 trial 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. In view of the order proposed to be passed, notice is not being issued to respondents as it would delay the proceedings besides entailing additional expenses to the respondent.

6. 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.

7. Accordingly, the present petition is allowed, without commenting upon the merits of the case. The impugned order dated 24.09.2025 (Annexure P-1), passed by the learned Civil Judge (Junior Division), Guruharsahi, is hereby set aside, subject to payment of costs of Rs.5000/-, to be deposited by the petitioner in the District Legal Services Authority, Ferozepur.

8. 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.

9. The Registry is directed to forward a copy of this order to learned Civil Judge (Junior Division), Guruharsahai, for compliance.

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

(AMARINDER SINGH GREWAL)

JUDGE

22.01.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No