Hari Om @ Hari Om Sethi vs Pardeep Arora
2023 Latest Caselaw 16599 P&H

                                                      Neutral Citation No:=2023:PHHC:125297



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CR No. 5615 of 2023                                                     2023:PHHC: 125297

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                CHANDIGARH

                          CR No. 5615 of 2023(O&M)
                          Date of Decision: 22.09.2023


Hari Om @ Hari Om Sethi
                                                                    ...Petitioner

Versus


Pardeep Arora
                                                                 ...Respondent


CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:-    Mr. Parminder Singh, Advocate for
             Mr. V.K. Kaushal, Advocate
             For the petitioner.
                   ***

KARAMJIT SINGH, J.

1. The present revision petition has been filed by the petitioner/

tenant against the order dated 02.07.2022 whereby the defence of the

petitioner has been struck off and order dated 06.07.2023 passed by Rent

Controller, Amritsar in rent petition titled Pardeep Arora Vs. Hari Om &

Ors.

2. The counsel for the petitioner while assailing both the

impugned orders, inter alia, submits that the allegations made in the rent

petition filed by the respondent/ landlord are totally false and on receiving

the notice of the rent petition, the petitioner put in appearance and thereafter

filed an application for production of documents and the said application

was dismissed by the learned Rent Controller vide order dated 01.04.2022

and finally the defence of the petitioner was struck off by the said Court vide

order dated 02.07.2022 and then the petitioner filed application under

Section 151 CPC for recall of the said order but the same was also dismissed

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by the Court of Rent Controller, Amritsar vide order dated 06.07.2023. The

counsel for the petitioner further submits that the provision of Order 8 Rule

1 CPC is not strictly applicable to rent proceedings and even otherwise the

said provision is directory and not mandatory. So, prayer is made that the

petitioner be granted one last opportunity to file his written statement. It is

further submitted that otherwise the petitioner will suffer irreparable loss.

3. I have considered the submissions made by counsel for the

petitioner.

4. Proviso to Rule 1 Order 8 CPC is directory and not mandatory

in nature and the time limit provided under statute for filing the written

statement in civil proceedings could be extended by the Court. In Bharat

Kalra Vs. Raj Kishan Chhabra 2022(3) Apex Court Judgments (SC)

598, the Hon'ble Supreme Court condoned delay of 193 days in filing of

written statement. Again the Hon'ble Apex Court in Raj Process

Equipments & Systems Pvt. Ltd. & Ors. Vs. Honest Derivatives Pvt.

Ltd. 2023(1) RCR(Civil) 511 has reiterated that the time limit provided

under statute for filing of a written statement is directory and not mandatory

in nature.

5. In the light of above discussion, the present petition is allowed

and impugned orders are set aside and one last opportunity is granted to the

petitioner to file written statement by the next date fixed in the trial Court

subject to costs of Rs.7000/- which is to be paid by the petitioner to the

respondent at the time of filing of the written statement.

6. Keeping in view the circumstances mentioned above, this

petition is being disposed of without issuing any notice to the opposite party.

If respondent is summoned to contest this litigation, he will have to incur

huge expenses to defend this case. However, liberty is granted to the

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respondent that if he feels dissatisfied with this order, he may move an

application to recall the same.

                                                     (KARAMJIT SINGH )
22.09.2023                                               JUDGE
Jiten
             Whether speaking/reasoned : Yes/No
             Whether reportable : Yes/No




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