P&H: Rejects Bid to Restore Defence After Repeated Failure to File Written Statement

punjab-haryana
⚖️ Order Date: 08 Oct 2026
Headnotes

(i) Civil Procedure Code, 1908, O.8.R.1, O.15.R.5 — Written statement — Striking off defence — Petitioner had failed to file written statement despite being granted final opportunity and had also failed to pay costs imposed upon him — Striking off his defence upheld. (Paras 7...

(ii) Civil Procedure Code, 1908, 151 — Review — Even if the application seeking to set aside order striking off defence were treated as an application for review, it did not warrant consideration, as no error apparent on face of the record had been pointed...


Facts of the Case

P&H: Rejects Bid to Restore Defence After Repeated Failure to File Written Statement

The Punjab and Haryana High Court has dismissed a civil revision petition filed by Hardeep Singh, who sought to challenge the rejection of his application to restore his defence in a partition suit. Justice Harsh Bunger held that Singh had not shown grounds to interfere with the Trial Court’s orders.

Singh was added as a defendant in a suit seeking partition and separate possession of property. After he was initially proceeded against ex parte, the Trial Court set aside that order in March 2025, subject to payment of Rs 2,500 in costs and filing a written statement. Singh did neither,...

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