Punjab-Haryana High Court
Tejbir Singh @ Tejveer Singh vs Tarinder Singh And Others on 13 January, 2026
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
CR-234-2026 -1-
129
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-234-2026 (O&M)
Date of decision: 13.01.2026
Tejbir Singh @ Tejveer Singh ..Petitioner
Versus
Tarinder Singh and ors. ..Respondents
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Kanwaljeet Singh Derabassi, Advocate
for the petitioner.
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SUDEEPTI SHARMA, J. (Oral)
1. The present revision petition has been filed for setting aside order dated 02.12.2024 passed by learned Addl. Civil Judge (Sr. Divn.), Dera Bassi, whereby, defence of petitioner-defendant No. 1 was struck off and for setting aside order dated 04.12.2025 passed by learned Addl. Civil Judge (Sr. Divn.), Dera Bassi, vide which the application filed by the petitioner seeking permission to file written statement, was dismissed.
2. Learned counsel for the petitioner contends that though many opportunities were granted to the petitioner/defendant No. 1 to file written statement but the same could not be filed because of the busy schedule of the advocate appearing for the petitioner/defendant No. 1. The petitioner moved an application for seeking permission to file written statement but the same was also dismissed on 04.12.2025. He, therefore contends that the present 1 of 3 ::: Downloaded on - 16-01-2026 02:34:48 ::: CR-234-2026 -2- petitioner/defendant No. 1 be allowed and petitioner/defendant No. 1 be granted one effective opportunity to file written statement.
3. Learned counsel for the petitioner/defendant No. 1 contends that the next date of hearing before the trial Court is 21.01.2026 and the written statement is ready with the petitioner/defendant No. 1 and he would file on 21.01.2026 itself if one last opportunity is granted to him to file the same. He further contends that because of the Advocate, the petitioner should not suffer.
4. I have heard learned counsel for the petitioner/defendant No. 1 and have gone through the file of this case with his able assistance.
5. A perusal of the file shows that despite sufficient opportunities granted to the petitioner/defendant No. 1 to file written statement, the same was not filed. The petitioner/defendant No. 1 was also granted one last opportunity to file written subject to payment of cost of Rs.200/- to DLSA but the same was not paid. For the lapse on the part of the counsel, the petitioner should not suffer and a lis should be decided on merits. Therefore, justice demands that one last effective opportunity is required to be granted to the petitioner/defendant No. 1 to file the written statement.
6. In view of the above, the present revision petition is allowed, subject to payment of cost of Rs.10,000/- to be deposited by the petitioner/defendant No. 1 in the office of Punjab and Haryana High Court Bar Association.
7. Since the next date of hearing before learned Addl. Civil Judge (Sr. Divn.), Dera Bassi is stated to be 21.01.2026, learned Addl. Civil Judge (Sr. Divn.), Dera Bassi is directed to grant one last effective opportunity to the petitioner/defendant No. 1 to file written statement on the next date of 2 of 3 ::: Downloaded on - 16-01-2026 02:34:49 ::: CR-234-2026 -3- hearing i.e. 21.01.2026, subject to production of receipts of cost Rs.10000/- as imposed today as well as receipt of payment of cost of Rs.200/- as imposed by the trial Court deposited by petitioner/defendant No. 1.
8. In the event that the hearing scheduled for 21.01.2026 before the trial Court does not take place for any reason and matter is adjourned, the petitioner/defendant No. 1 shall be granted one effective opportunity to file written statement on the next date of hearing.
9. In view of the above, order dated 02.12.2024 passed by learned Addl. Civil Judge (Sr. Divn.), Derabassi is set aside to the extent of striking off the defence of petitioner-defendant No. 1 and order dated 04.12.2025 passed by learned Addl. Civil Judge (Sr. Divn.), Derabassi, whereby application seeking permission to file written statement was dismissed, is also set aside.
January 13, 2026 (SUDEEPTI SHARMA)
Gaurav Arora JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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