CR No.607 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.607 of 2009 Date Of Decision: 02.09.2009 **** Improvement Trust, Pathankot & Ors. . . . . Petitioners VS. Arun Kashyap and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Rakesh Sharma, Advocate for the petitioner Mr. J.S. Lalli, Advocate for the respondents **** SURYA KANT J.(ORAL) This Revision Petition is at the instance of Improvement Trust, Pathankot who is aggrieved against the orders dated 04.05.2001 and 23.08.2008 passed by the Civil Judge (Junior Division), Pathankot. Vide the first order, the defence of the petitioner- Trust was struck off and the subsequent order has rejected its application for recall of the earlier order dated 04.05.2001. Petitioner’s defence was struck off for the reason that despite several opportunities, no written statement was filed by it. Thereafter, the petitioner-Trust moved an application to recall that order on the plea that the written statement could not be filed earlier due to absence of its counsel. That plea has been found to be ingenuine and contrary to the record. Aggrieved, the petitioner has approached this Court. As the facts noticed above would speak for themselves, the petitioner- Trust has taken the Court for a ride and exhibited complete carelessness in placing its CR No.607 of 2009 - 2 - defence before the Court. At the same time, having regard to the impersonal character of the petitioner-institute and in the interest of justice, I am inclined to grant one and the last opportunity to the petitioner to file its written statement and thereafter permit to cross- examine the respondent-plaintiffs’ witnesses, if already examined. The aforesaid opportunity shall be granted to the petitioner-Trust subject to payment of exemplary costs of Rs.25000/- i.e. Rs.1000/- to each of the respondent- plaintiffs. The trial Court shall grant only one opportunity to the petitioner to file his written statement and another opportunity to cross-examine the witnesses, if already examined. If the witnesses examined by the respondent-plaintiffs are out-stationed, the trial Court shall determine the expenses likely to be incurred by the respondent-plaintiff’s on their recalling and those expenses shall also be reimbursed by the petitioner-Trust. Disposed of. Dasti. (SURYA KANT) JUDGE 02.09.2009 shonkar