C.R. No.3777 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3777 of 2010 Date of Decision: 1.7.2010 Kuldip Singh ……Petitioner VERSUS Manjit Kaur and others ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Arun Bakshi, Advocate for the petitioner. Mr. Malkit Singh, Advocate for the respondents. 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? ALOK SINGH, J. (ORAL) 1. Heard learned Counsel for the parties. 2. Present petition is filed invoking jurisdiction of this Court under Article 227 of the Constitution of India assailing order dated 10.3.2010 thereby striking off defence of petitioner/defendant under Order 10 Rule 4 (2) C.P.C. C.R. No.3777 of 2010 -2- 3. From the record, it transpires that learned trial Court has directed petitioner and other parties to appear for their statements under Order 10 Rule 1 CPC. Since defendant No.1 did not appear on 10.3.2010, hence, his defence was directed to be struck off vide impugned order. 4. Learned Counsel for the petitioner vehemently argued that petitioner shall appear before the learned trial Court in terms of the direction dated 20.1.2010 on the date fixed by this Court. He fur- ther states that by striking off defence of the petitioner/defendant No.1 Court has taken harsh step. He further states that instead of examining the petitioner personally Court could have examined his lawyer appearing before the learned trial Court and if Court is not sat- isfied with the statement of lawyer then only petitioner could have summoned. 5. Learned Counsel appearing for the respondents states that non-appearance of the petitioner before learned trial Court was intentional to cause delay in the pending case. He further states that matter may be settled through mediation. 6. Having heard learned Counsel for the parties and without examining the legality of the order, I think it proper that one more op- portunity should be granted to the petitioner to appear before the learned trial Court in terms of the order of the learned trial Court dated 20.1.2010. C.R. No.3777 of 2010 -3- 7. Petitioner shall appear before the learned trial Court in terms of the order dated 20.1.2010 on 22.7.2010. In case petitioner appears before the learned trial Court on 22.7.2010 then impugned order dated 10.3.2010 shall stand recalled and if petitioner fails to appear before the trial Court, then impugned order dated 10.3.2010 shall stand as it is. 8. With the above direction, revision petition stands dis- posed of. ( ALOK SINGH ) 01st July, 2010 JUDGE ashish