Punjab and Haryana High Court Grants Additional Opportunity to File Written Statement in Land Dispute Case

In a recent judgment, the Punjab and Haryana High Court exercised its discretion and granted an additional opportunity to the defendant to file a written statement in a land dispute case. The court set aside the order passed by the trial court, which had struck off the defendant's defense due to the non-availability of complete records.

The case involved a suit for possession by way of partition and permanent injunction filed by the plaintiff, Ram Kumar, concerning a two-storied shop in Bichla Bazar, Pan Manan, Bhiwani. The defendant, Gigraj @ Giga Ram Jain, sought an extension to file the written statement, citing the inability to prepare it within the prescribed time frame.

Mr. Ajay Jain, the advocate representing the petitioner, argued that granting another opportunity, along with the payment of costs, would enable the defendant to file a proper written statement. He relied on a previous order of the court that allowed a similar opportunity in comparable circumstances.

While Mr. Alok Mittal, the advocate representing the respondents, objected to granting another chance, asserting the petitioner's casual approach, the court stressed the significance of pleadings in ensuring a just and proper adjudication of the case.

The Honorable Justice Sanjay Vashisth, delivering the judgment, stated, "It is always good for the court to find a solution by deciding the controversy after inviting response from all the concerned parties. Court cannot function on the principle of technicalities or in a specified mechanised manner." The court acknowledged the importance of giving reasonable opportunities for the parties to present their stand through pleadings.

Considering the circumstances, the court set aside the trial court's order and granted the defendant one more effective opportunity to file the written statement by a specified deadline. The court also directed the petitioner to pay costs of Rs. 10,000, to be deposited in the "District Bar Association Bhiwani A/c Welfare Fund."

The judgment serves as a reminder of the court's discretion in granting additional opportunities while ensuring a fair and just resolution to the case.

Date of Decision: 12.07.2023

Gigraj @ Giga Ram Jain vs Ram Kumar and others

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