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(2026) Law Today Live Doc. Id. 21424 = 2026:PHHC:138146
Decided on: 24.09.2026
Present:
Mr. Amirt Arora, Advocate for the petitioners.
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Written statement -- Delay -- Defence struck off -- Procedural technicalities should not be permitted to come in the way of a fair adjudication of the dispute -- One effective opportunity granted to file written statement subject to costs of Rs.5,000/-
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Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1 -- Written statement -- Delay in filing -- Defence struck off -- Procedural technicalities -- Fair adjudication -- Defendants failed to file written statement even after expiry of statutory period of 90 days and pleaded that the certified copy of judgment and decree dated 17.11.1988 annexed with plaint was not readable -- Defence struck off by trial Court set aside -- Procedural technicalities should not be permitted to come in the way of a fair adjudication of the dispute -- One effective opportunity granted to defendants to file written statement subject to payment of costs of Rs.5,000/- to plaintiff -- In case defendants fail to file written statement or deposit costs, no further opportunity shall be granted.
(Para 3, 6, 7)
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DEEPINDER SINGH NALWA, J. (ORAL) –
1. The present revision petition has been filed by the petitioners/defendants for setting aside the order dated 02.09.2026 (Annexure P-3) passed by the trial Court, whereby the defence of the petitioners/defendants has been struck off.
2. A perusal of the facts of the case would show that the respondent/plaintiff had filed a suit for possession in respect of land measuring 16 kanal 14 marlas, situated in the area of village Naurangabad, Tehsil and District Tarn Taran, as well as for permanent injunction restraining the petitioners/defendants from alienating the suit land in any manner by way of sale, mortgage, lease, gift, etc. It transpires that vide order dated 02.09.2026 (Annexure P-3) passed by the trial Court, the defence of the petitioners/defendants has been struck off. A perusal of the abovesaid order would show that the petitioners/defendants had not filed the written statement even after elapse of the statutory period of 90 days and their defence was struck off. Aggrieved against the abovesaid order dated 02.09.2026 (Annexure P-3), the petitioners/defendants have filed the present revision petition.
3. Learned counsel appearing on behalf of the petitioners/defendants submits that the delay in filing the written statement was neither intentional nor deliberate. He submits that the certified copy of the judgment and decree dated 17.11.1988 was not readable. Accordingly, an application was filed by the petitioners/defendants seeking a direction to the respondent/plaintiff to produce a legible copy of the said judgment and decree dated 17.11.1988, which was relevant for adjudication of the dispute. He submits that for the said reason, the petitioners/defendants could not file the written statement within the statutory period. Learned counsel further submits that there was no intention on the part of the petitioners/defendants to withhold the written statement or to delay the proceedings of the trial. He prays that one effective opportunity may be granted to the petitioners/defendants to file the written statement.
4. Taking into consideration the nature of the prayer made by learned counsel appearing on behalf of the petitioners/defendants, it is not necessary to issue notice to the respondent.
5. I have heard learned counsel appearing on behalf of the petitioners/defendants and perused the paper-book with his able assistance.
6. It is well settled that procedural technicalities should not be permitted to come in the way of a fair adjudication of the dispute.
7. In light of the aforesaid facts and circumstances, the present revision petition is allowed. The order dated 02.09.2026 (Annexure P-3) passed by the trial Court, whereby the defence of the petitioners/defendants has been struck off, is hereby set aside. The trial Court is directed to grant one effective opportunity to the petitioners/defendants to file the written statement, subject to payment of costs of Rs.5,000/- to be paid by the petitioners/defendants to the respondent/plaintiff. In case the petitioners/defendants fail to file the written statement or deposit the costs, no further opportunity shall be granted to the petitioners/defendants for filing the written statement.
8. Pending application(s), if any, shall also stand(s) disposed of.
Petition allowed.
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