Case Law Analysis

Order VIII Rule 10 CPC | Defence Cannot Be Struck Off Without Reasonable Opportunity Under Fair Trial Guarantee : Punjab and Haryana HC

The Punjab and Haryana High Court ruled that striking off a defendant's defence under Order VIII Rule 10 of the CPC without affording a reasonable opportunity to file a written statement violates the right to a fair trial under Article 21. The Court set aside the trial court's order, emphasizing that procedural rigidity cannot override substantive justice, and directed the petitioner to deposit ₹5,000 as costs for reinstatement of defence.

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Apr 14, 2026, 2:26 AM(Updated: Nov 3, 2026)
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Order VIII Rule 10 CPC | Defence Cannot Be Struck Off Without Reasonable Opportunity Under Fair Trial Guarantee : Punjab and Haryana HC

The Punjab and Haryana High Court has reaffirmed that the right to a fair trial under Article 21 of the Constitution includes the fundamental right to present a defence. In a significant ruling, the Court set aside an order striking off a defendant’s defence solely for non-filing of a written statement, emphasizing that procedural rigidity must yield to substantive justice when valuable rights are at stake.

Background & Facts

The Dispute

The respondent-plaintiff filed a civil suit seeking a permanent injunction to restrain the petitioner-defendant from interfering with her alleged possession of a residential property. The petitioner, who was the defendant in the suit, did not file a written statement within the stipulated time. On 21.08.2025, the petitioner appeared before the trial court for the first time, but no written statement was submitted at that stage.

Key Facts

  • The suit was instituted by the respondent-plaintiff in the Court of Civil Judge (Senior Division), SAS Nagar, Mohali.
  • The petitioner-defendant made his first appearance before the trial court on 21.08.2025.
  • No written statement was filed by the petitioner by the deadline prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908.
  • The petitioner did not seek an extension of time or explain the delay prior to the impugned order.
  • The trial court, without granting any opportunity to explain the delay or to file a belated written statement, passed an order on 05.03.2026 striking off the petitioner’s defence.

Procedural History

  • 21.08.2025: Petitioner appeared before the trial court for the first time.
  • 05.03.2026: Civil Judge (Senior Division), SAS Nagar, Mohali, struck off the petitioner’s defence for non-filing of written statement.
  • 08.04.2026: Petitioner filed Writ Petition under Article 227 of the Constitution before the Punjab and Haryana High Court.

Relief Sought

The petitioner sought setting aside of the order dated 05.03.2026, restoration of his right to file a written statement, and an opportunity to defend the suit on merits.

The central question was whether a trial court may strike off a defendant’s defence under Order VIII Rule 10 of the Code of Civil Procedure, 1908, without affording a reasonable opportunity to explain the delay or to file a belated written statement, particularly when substantial rights are involved.

Arguments Presented

For the Petitioner

Learned counsel for the petitioner submitted that the striking off of defence was arbitrary and violative of the principles of natural justice. He argued that the petitioner had appeared in court on 21.08.2025, indicating his intention to defend the suit, and that the trial court failed to consider whether the delay was condonable or whether the petitioner had a bona fide reason for non-filing. He relied on the doctrine of fair trial under Article 21 and the settled principle that procedural technicalities must not defeat substantive justice.

For the Respondent

The respondent did not appear or file any written submission. The Court noted the absence of any opposition and dispensed with the issuance of notice to the respondents to avoid unnecessary delay and expense.

The Court's Analysis

The Court observed that Order VIII Rule 10 of the CPC permits striking off defence only as a last resort and after giving the defendant a reasonable opportunity to file the written statement. The Court emphasized that the power to strike off defence is not automatic and must be exercised with caution, especially when the rights of the parties involve property and possession.

"The right to defend a suit is a valuable right, and the court must ensure that it is not taken away on account of a mere procedural lapse without considering the circumstances of the case."

The Court noted that the petitioner had appeared in court and had not shown any mala fide intention to delay proceedings. The trial court’s failure to consider whether the delay could be condoned, or whether the petitioner should be granted one last opportunity to file the written statement, amounted to a violation of the principles of natural justice. The Court held that the trial court acted mechanically and without applying its mind to the facts of the case.

The Court further held that Article 227 empowers the High Court to intervene in cases where subordinate courts act in excess of jurisdiction or fail to exercise jurisdiction vested in them. The order under challenge was found to be perverse and contrary to settled legal principles.

The Verdict

The petition was allowed. The impugned order dated 05.03.2026 striking off the petitioner’s defence was set aside. The petitioner was granted one effective opportunity to file the written statement before the trial court, subject to deposit of costs of ₹5,000 with the District Legal Services Authority, SAS Nagar, Mohali. The trial court was directed to permit filing of the written statement upon production of the receipt of cost deposit. All pending applications stood disposed of.

What This Means For Similar Cases

Procedural Lapses Cannot Override Substantive Justice

  • Practitioners must argue that striking off defence under Order VIII Rule 10 CPC is a drastic remedy and must be preceded by a meaningful opportunity to explain delay.
  • Courts must record reasons for rejecting belated filings and consider whether the delay prejudices the plaintiff.
  • Appearance in court, even without a written statement, may indicate intention to defend and should not be ignored.

Article 227 as a Safeguard Against Mechanical Adjudication

  • High Courts will intervene under Article 227 where subordinate courts act mechanically or ignore principles of natural justice.
  • This judgment reinforces that procedural rules are tools for justice, not barriers to it.
  • Lawyers should routinely invoke Article 227 where trial courts deny defence without considering the gravity of rights involved, especially in property disputes.

Fair Trial Requires More Than Technical Compliance

  • The right to be heard is not satisfied by mere notice; it requires a meaningful opportunity to present one’s case.
  • Courts must balance procedural compliance with the constitutional imperative of fair trial under Article 21.
  • Belated filings should be evaluated on merit, not dismissed summarily.

Case Details

Harish Jindal v. Neha Mittal and Others

2026:PHHC:054181
PDF
Court
High Court of Punjab and Haryana
Date
08 April 2026
Case Number
CR-3016-2026
Bench
Amarinder Singh Grewal
Counsel
Pet: Ashwani Bhardwaj
Res:

Frequently Asked Questions

No. The Court held that striking off defence under Order VIII Rule 10 CPC is a drastic remedy and must be preceded by a reasonable opportunity to explain delay and file a belated written statement. Mechanical application without considering circumstances violates principles of natural justice.
Yes. The Court observed that the petitioner’s appearance before the trial court on 21.08.2025 indicated his intention to defend the suit, and this fact must be considered before denying the right to file a written statement.
Article 227 empowers the High Court to intervene when subordinate courts act in excess of jurisdiction or fail to exercise jurisdiction, particularly where procedural lapses result in denial of fundamental rights such as the right to defend a suit.
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Disclaimer

This article is for informational purposes only and does not constitute legal advice. The views expressed are based on the judgment analysis and should not be taken as professional counsel. Please consult with a qualified attorney for advice specific to your situation.