In CR-8487-2018 (O&M)-PUNJ HC- Before taking decision, fact finding inquiry should be held and application has to be decided on merits on basis of outcome of such inquiry: P&H HC
Justice Alka Sarin [16-03-2023]

Read Order: SUMAN MAKOL VS VANITA BERRY AND OTHERS

Mansimran Kaur

Chandigarh, March 17, 2023: The Punjab and Haryana High Court has allowed a revision petition filed under Article 227 of the Constitution assailing an order  whereby the application filed by the defendant for discarding the written statement filed on her behalf and setting aside the ex parte order, was allowed.

A Single-Judge Bench of Justice Alka Sarin allowed the instant revision petition by observing that a fact finding inquiry should be first held to determine as to whether the defendant- first respondent ever engaged the counsel and as to whether the defendant first respondent  signed the written statement  and thereafter on the basis of the outcome of the fact finding inquiry, the application be decided afresh on merits.

The Counsel for the plaintiff- petitioner  contented that the said application could not have been allowed without first holding a fact-finding inquiry as to whether her signatures were actually appended on the original written statement and whether she had engaged the counsel. In support of his contention, he had relied upon the judgment of this Court in Gautam Sarup Vs. Anand Sarup & Ors. 

After considering the submissions, the Court noted that in the present case serious allegations were made by the defendant-first respondent regarding not having engaged the counsel and not having signed the written statement appended with the present petition. 

 In the case of Gautam Sarup (supra), which was similar in facts, this Court had ordered the holding of fact finding inquiry. This Court was also of the view that before taking a decision, a fact finding inquiry should be held as to whether the defendant- first respondent ever engaged the counsel and as to whether the defendant first respondent signed the written statement and thereafter on the basis of the outcome of the fact finding inquiry, the application be decided afresh on merits, the Bench observed. 

Accordingly, the impugned order was set aside and the revision petition was allowed.