Defendant allowed to file written statement despite the defence being struck off

Punjab and Haryana High Court: A Single Judge Bench comprising of Arun Palli, J. allowed the defendant to file the written statement (WS) in a civil suit even after the expiry of 90 days statutory period.

A civil suit was filed against the defendant on 08-09-2017. He caused his first appearance before the court on 29-11-2017 and the matter was adjourned to 08-01-2018 for filing of the written statement by the defendant. As no written statement was filed on that date, the matter was further adjourned to 19-02-2018. However, despite this last opportunity, the defendant failed to file written statement within the statutory time period of 90 days. Consequently, his defence was struck off. The defendant was in appeal against the said order.

The High Court noted that ex facie the defendant was granted two opportunities to file written statement after he caused the first appearance before the trial court. However, the Court was of the view that even if it was assumed that the defendant was remiss in pursuing his cause and failed to file written statement despite being given one last opportunity, yet the fact remained that if he was not granted one more opportunity, he shall suffer irreparable loss and injury. Giving due consideration to the said fact, the Court set aside the impugned order and allowed the defendant to file written statement on the next date of hearing already fixed by the trial court. It was also held that in case of default on part of the defendant in filing written statement even on that date, the defence will be deemed to be struck off. [Beant Singh v. Dilbagh Singh,2011 SCC OnLine P&H 15664: (2012) 3 RCR (Civil) 115 , decided on 01-06-2018]

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