Amritpal Singh And Anr. vs Gulzar Singh And Ors

Court
Punjab and Haryana High Court

IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
113
CR-8382-2026 (O&M)
Date of Decision:- 13.11.2026
AMRITPAL SINGH AND ANOTHER
....Petitioner(s)
Versus
GULZAR SINGH AND OTHERS
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY
Present: Mr. Kanwal Preet Singh Bhangu, Advocate
for the petitioners.

SANJIV BERRY , J. (ORAL)
1. The present Civil Revision Petition has been filed under Article
227 of the Constitution of India seeking setting aside of the order dated
06.08.2026 (Annexure P-1) passed by the learned Additional Civil Judge
(Senior Division), Rajpura, in Civil Suit No.CS-127-2026, titled ‘ Gulzar
Singh Vs. Amritpal Singh and others ’, whereby the defence of the
petitioners-defendants No.1 and 2 was struck off on account of non-filing of
the written statement, and also the order dated 13.10.2026 (Annexure P-2)
whereby the subsequent application filed by them for recalling the said order
was dismissed.
2. Brief facts of the case are that respondent No.1-plaintiff
instituted a civil suit seeking declaration, permanent and mandatory
injunction in respect of the property in dispute. The petitioners are arrayed as
defendant Nos.1 and 2 in the said suit. They appeared before the learned
Trial Court on 13.04.2026 and the matter was adjourned to 18.05.2026 for
service of the remaining defendants and filing of written statement on behalf
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

CR-8382-2026 (O&M) -2-

of the appearing defendants. However, vide order dated 06.08.2026, the
defence of the petitioner-defendants No.1 and 2 was struck off for non-filing
of the written statement. Thereafter, their application for recalling of the said
order was also dismissed vide order dated 13.10.2026. The matter is stated
to be fixed before the learned Trial Court for 21.12.2026 for evidence of the
plaintiff.
3. Learned counsel for the petitioners submits that the non-filing
of the written statement was not deliberate and that the counsel for the
petitioners could not appear before the learned Trial Court on 06.08.2026 on
account of an urgent call from the school authorities of his son, who was
suffering from viral fever. It is further submitted that the petitioners are the
contesting defendants and would suffer irreparable loss and injury in case an
opportunity is not granted to them to place their defence on record. He
submits that the written statement is ready and the same shall be filed before
the learned Trial Court on the next date of hearing, if so permitted by this
Court. Thus prays for one effective opportunity to the petitioners to file the
written statement.
4. I have heard learned counsel for the petitioners and have also
gone through the record.
5. Given the nature of the order being passed, there is no necessity
to issue notice to respondent No.1, who is the contesting respondent, as no
prejudice would be caused to him by granting the limited relief sought in the
present petition. Notice to respondent No.1 is, accordingly, dispensed with.
6. It is evident from the record that the petitioners appeared before
the learned Trial Court on 13.04.2026 and the matter was adjourned to
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

CR-8382-2026 (O&M) -3-

18.05.2026 for service of the remaining defendants and filing of written
statement. On 18.05.2026, another opportunity was afforded to the
petitioners for filing their written statement and the matter was adjourned to
09.07.2026, on which date, the concerned Bar Association was observing
‘No Work Day’, as is evident from the copies of the order, which have been
supplied by learned counsel for the petitioners today in the Court.
Thereafter, the defence of the petitioners was struck off vide order dated
06.08.2026 for non-filing of the written statement. The explanation
furnished by the petitioners for the said default is that their counsel could not
appear on the said date on account of an urgent call from the school
authorities of his son, who was suffering from viral fever. The application
subsequently moved by the petitioners for recalling of the said order also
came to be dismissed vide order dated 13.10.2026.
7. In these circumstances, this Court is of the considered view that
the petitioners deserve to be granted one effective opportunity to place their
defence on record. The petitioners would otherwise suffer prejudice in
defending the civil suit on merits. The prejudice, if any, caused to the
respondent/plaintiff can adequately be compensated by payment of costs. A
limited indulgence, therefore, deserves to be granted in the interest of
justice.
8. Accordingly, without commenting on the merits of the case, the
impugned orders dated 06.08.2026 (Annexure P-1) and 13.10.2026
(Annexure P-2) are hereby set aside. The petitioners are granted one
effective opportunity to file their written statement before the learned Trial
₹
Court, subject to payment of costs of 10,000/- to the respondent-plaintiff.
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

CR-8382-2026 (O&M) -4-

The written statement shall be filed on the next date of hearing before the
learned Trial Court, i.e. 21.12.2026, upon payment of the aforesaid costs.
9. The petitioners shall avail the aforesaid opportunity at their own
responsibility and shall ensure that the written statement is filed on the next
date of hearing itself, i.e. 21.12.2026. No further opportunity shall be
granted to the petitioners for the said purpose. The learned Trial Court shall
thereafter proceed further with the matter in accordance with law.
10. Since the present order has been passed without issuing notice
to respondent No.1, liberty is granted to him to approach this Court in case
he is aggrieved by the present order.
11. It is clarified that nothing contained in this order shall be
construed as an expression of opinion on the merits of the case.
12. The petition stands disposed of in the above terms.
(SANJIV BERRY)
JUDGE
13.11.2026
S.Sharma
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document