P&H: Restores Defendants’ Chance to File Written Statement, Imposes ₹25,000 Costs

punjab-haryana
⚖️ Order Date: 12 Oct 2026
Headnotes

Civil Procedure Code, 1908, O.8.R.1 — Written statement — Defence struck off for failure to file written statement within 90 days — Company already represented by same juristic person through its directors, with written statement already filed on its behalf — Impugned order set aside...


Facts of the Case

P&H: Restores Defendants’ Chance to File Written Statement, Imposes ₹25,000 Costs

The Punjab and Haryana High Court has set aside an order striking off the defence of two defendants in a recovery suit after they failed to file a written statement within 90 days. Justice Vikas Suri allowed them one opportunity to file it, subject to payment of ₹25,000 in costs to the plaintiff.

The suit seeks recovery of ₹54.55 lakh, along with GST and interest. The defendants challenged the trial court’s order, arguing that the 90-day period for filing a written statement is not mandatory in a non-commercial dispute and that they should have been given another opportunity, potentially on...

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