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(2026) Law Today Live Doc. Id. 21006 = 2026:PHHC:065563
Decided on: 29.04.2026
Present:
Mr. Sumit Bhardwaj, Advocate for the petitioners.
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Striking off defence -- Non-filing of written statement -- Despite more than four opportunities and lapse of about eleven months defence was struck off, however, as no witness had been examined, one final opportunity granted to file written statement subject to payment of Rs. 20,000/- as costs.
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Code of Civil Procedure, Code, 1908 (V of 1908), Order 8 Rule 1, 10 -- Striking off defence -- Non-filing of written statement -- Grant of final opportunity -- Defence struck off by trial Court as petitioners/defendants failed to file written statement despite more than four opportunities and lapse of about eleven months from first appearance -- Though issues framed, no witness examined -- In facts and circumstances, one final opportunity granted to file written statement subject to payment of Rs. 20,000/- as costs.
(Para 1-3)
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PARMOD GOYAL, J. (ORAL) –
Petitioners/defendants have filed the present revision petition under Article 227 of the Constitution of India being aggrieved by impugned order dated 09.12.2025, passed by learned Civil Judge (Senior Division), Ambala vide which defence of petitioners/defendants was struck off for not filing written statement despite availing more than 4 opportunities and passing of more than 11 months since their appearance.
2. Facts in the present case are not in dispute. On 10.01.2025 petitioners/defendants appeared and filed power of attorney. Thereafter, matter was adjourned for filing of written statement for 27.03.2025, 24.04.2025 and 13.08.2025 and on each date due caution was given to petitioners/defendants to file written statement and it was duly brought to the notice of petitioners/defendants that written statement is required to be filed within 90 days. However, despite availing 4-5 effective opportunities, written statement was not filed till 09.12.2025 and even after passing of 11 months since first appearance before the Court. Accordingly, learned Court below had struck off the defence of petitioners/defendants.
3. Admittedly, in the present case issues were framed on 09.12.2025. However, no witness has yet been examined by respondent/plaintiff. Keeping in view the facts and circumstances of this case, it would be appropriate to grant one final opportunity to petitioners/defendants to file written statement, as respondent/plaintiff can be compensated with costs. Accordingly, one opportunity is granted to petitioners/defendants to file written statement subject to payment of Rs.20,000/- as costs to respondent/plaintiff. The next date fixed before learned Court below is 30.04.2025 on which date written statement be filed with costs. No further date shall be granted.
4. Revision petition is disposed of accordingly.
5. Pending application(s), if any, is/are disposed of accordingly.
Order accordingly.
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