Narender Singh And Another vs Kailash And Another
2024 Latest Caselaw 5106 P&H

Punjab-Haryana High Court

Narender Singh And Another vs Kailash And Another on 6 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                     2024:PHHC:032530

                            316-2
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-5744-2023 (O&M)
                                                                          Date of decision : 06.03.2024


                            Narender Singh & Another                                        ... Petitioner(s)
                                                                Versus
                            Kailash & Another                                             ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                            Present :    Mr. Ankur Dua, Advocate for the petitioners.

                                         Mr. Abhishek Sharma, Advocate (Legal Aid Counsel),
                                         with Ram Singh - father of respondent No.1 in person.


                            ALKA SARIN, J. (ORAL)

1. The present revision petition has been filed against the order

dated 13.09.2022 (Annexure P-1) whereby the defense of the defendant-

petitioners has been struck off due to non-filing of the written statement, and

the order dated 11.05.2023 (Annexure P-2) whereby the defendant-

petitioners have been proceeded against ex parte.

2. Learned counsel for the defendant-petitioners would contend

that given one opportunity the defendant-petitioners would file their written

statement and that they are also willing to compensate the plaintiff-

respondent No.1 by way of costs.

3. Per contra the learned counsel for respondent No.1 on

instructions from Ram Singh, father of plaintiff-respondent No.1, who is

present in Court, states that he has no objection if the defendant-petitioners

integrity of this order/judgment.

                                                                                       2024:PHHC:032530

                            CR-5744-2023 (O&M)                                                      -2-

are granted one opportunity to file their written statement. However, the

defendant-petitioners should not be allowed to delay the matter any further.

4. I have heard the learned counsel for the parties as well as the

father of plaintiff-respondent No.1 who is present in person.

5. Keeping in view the above statement of the learned counsel for

plaintiff-respondent No.1, the present revision petition is allowed. The order

dated 13.09.2022 (Annexure P-1) striking off the defense of the defendant-

petitioners and the order dated 11.05.2023 (Annexure P-2) proceeding

against the defendant-petitioners ex parte are set aside. The defendant-

petitioners are granted one opportunity to file their written statement on or

before the next date of hearing fixed before the Trial Court, subject to

payment of Rs.10,000/- as costs to be paid to the plaintiff-respondent No.1,

which shall be a condition precedent. It is made clear that in case the written

statement is not filed on or before the next date of hearing fixed before the

Trial Court, the present petition shall be deemed to having been dismissed.

6. Disposed off accordingly. Pending applications, if any, also

stand disposed off.

                            06.03.2024                                       ( ALKA SARIN )
                            Yogesh Sharma                                         JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.