Bhima Ram vs Syndicate Bank Ltd. & Another

Romesh Verma, J

The present petition has arisen out of order as passed by Learned Senior Civil Judge, Mandi, District Mandi, H.P. dated 10th December, 2025, whereby the right to file written statement on behalf of the petitioner has been closed. The petitioner has challenged the said order on the ground that the order in question is not legal and valid and the same has been passed in haste.

Learned counsel for the petitioner has taken this Court to the order sheets of the learned Senior Civil Judge, Mandi. On 25.06.2025, the application filed by the defendant/petitioner under Order 9 Rule 7 CPC for setting aside the ex parte order dated 09.12.2021 was allowed, subject to the payment of costs of Rs.1,000/- and thereafter the case was posted on 13th August, 2025 with direction to the defendant/petitioner to file the written statement. On 13th August, 2025, again time was sought by the petitioner for payment of costs and for filing of the written statement. The prayer of the petitioner was accepted and the case was posted on 15th September, 2025 and it was ordered that previous order shall be complied with. Again on 15th September, 2025, time was sought by the petitioner for payment of costs and for filing written statement and consequently the case was posted on 10th December, 2025, on which date the right of the present petitioner was closed.

Learned counsel for the defendant/petitioner submits that one last and final opportunity may be granted to him to file the written statement and to pay the costs of Rs.1,000/-, which was imposed upon his client vide order dared 25.06.2025.

I have gone through the case file and have perused the orders as placed on record. In the opinion of this Court, there is no infirmity in the order, as passed by learned trial Court and the order is legal and valid. However, in the interest of justice and fair play and in the attending facts and circumstances of the case, one last and final opportunity of four weeks is granted to the present defendant/petitioner to deposit the costs as imposed vide order dated 25.06.2025 and to file written statement, failing which the order dated 10.12.2025 shall revive. The permission to file written statement is being granted subject to the payment of costs of Rs.5,000/- to be paid to the plaintiff/respondent on or before the next date of hearing.

The parties are directed to appear before the learned Senior Civil Judge, Mandi, District Mandi, on 12th March, 2026, on which date the costs of Rs.5,000/- and Rs.1,000/-, as imposed vide order dated 25.06.2025, shall be paid by the petitioner to the counsel of the plaintiff/respondent. The defendant/petitioner shall file his written statement on or before 6th April, 2026. It is made clear that in case the order as passed by this Court is not complied with, the order as passed by learned Senior Civil Judge, Mandi dated 10.12.2025 shall revive.

With the aforesaid observations, the petition stands disposed of so also the pending application(s), if any.