Sukhdev Singh vs Gurmail Singh And Others on 12 January, 2011

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Punjab-Haryana High Court

Sukhdev Singh vs Gurmail Singh And Others on 12 January, 2011

Bench: M.M.S. Bedi

C.R. No. 8398 of 2010                                                [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.

                                C.R. No. 8398 of 2010

                                Date of Decision: January 12, 2011



Sukhdev Singh

                                      .....Petitioner

            Vs.

Gurmail Singh and others

                                      .....Respondents


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                         -.-

Present:-   Mr.A.K. Kaundal, Advocate
            for the petitioner.

                   -.-



M.M.S. BEDI, J. (ORAL)

In a suit for malicious prosecution filed by plaintiff- respondents No.1 to 4, the petitioner- defendant No.1 had put in appearance on May 25, 2006 but on account of his having not been able to file written statement within the prescribed period, his defence was struck off vide order dated July 26, 2008.

Counsel for the petitioner submits that the defendant- petitioner was under bonafide mistake that he has to file written statement alongwith C.R. No. 8398 of 2010 [2] other defendants No.2 and 3 who had not been served by the date when the defence of the petitioner was struck off. Counsel for the petitioner relies upon Prem Chand Vs. Haryana State Industrial Development Corporation Ltd. and others, 2006 (2) RCR (Civil) 468 in support of his contention that supervisory power under Article 227 of the Constitution of India can be exercised at any time and there is no limitation for exercise of such jurisdiction especially when the order passed by the Court below is patently illegal and wrong on facts of law.

Heard.

The impugned order passed by the trial Court on July 26, 2008 does not appear to be patently illegal and wrong on facts or law but in the interest of justice the defendant- petitioner can be granted an opportunity to contest the suit by penalizing him for his casual approach in filing the written statement. One of the co-defendants has already filed written statement.

This petition is disposed of in limine setting aside the order dated July 26, 2008 subject to a condition that a cost of ` 20000/- will be paid by the defendant- petitioner on the next date of hearing before the trial Court i.e. January 18, 2011. The defendant- petitioner will be permitted to file the written statement on January 18, 2011 or any other date given by the trial Court for the said purpose after the cost of ` 20000/- has been paid to the plaintiff- respondents No.1 to 4.

January 12, 2011                                   (M.M.S.BEDI)
 sanjay                                              JUDGE
 C.R. No. 8398 of 2010   [3]

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