In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 5102 of 2009(O&M) Date of Decision:September 07, 2009 Improvement Trust, Amritsar through its Administrator ---Petitioner versus Rajesh Kumar and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.G.S.Attariwala,Advocate, for the petitioner *** SABINA J. Petitioner–Improvement Trust, Amritsar through its Administrator has filed this petition under Article 227 of the Constitution of India for setting aside orders dated 28.4.2008 and 14.5.2008 passed by Civil Judge (Jr. Division), Amritsar (Annexure P-1 and P-3 respectively) Rajesh Kumar-plaintiff has filed a suit for permanent injunction restraining the defendants form interfering or dispossessing him from the booth/shop in dispute. Notice of the suit was issued to the defendants. The petitioner-defendant No. 3 put in appearance through its counsel but, failed to file written statement within 30 days of its appearance. Civil Revision No. 5102 of 2009(O&M) -2- Vide order dated 28.4.2008, trial court struck off the defence of the petitioner/defendant No. 3. Thereafter, petitioner moved a review petition before the trial court against the said order and the same was dismissed being not maintainable vide order dated 14.5.2009(Annexure P-3). Hence, the present revision petition. Learned counsel for the petitioner has submitted that on 28.4.2008, service of defendant No. 2 was incomplete and he was ordered to be summoned through Munadi. Hence, there was no occasion for the trial court to strike off the defence of the petitioner-defendant No. 3. The petitioner was under a bona fide belief that after the service of the defendants is complete, it could file its written statement. Learned counsel has further submitted that now the case is listed for plaintiff's evidence for 28.10.2009. Petitioner be allowed to file its written statement on or before the said date. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be allowed. In case the petitioner is allowed to file the written statement, the lis between the parties would be decided on merits. The other side can be compensated with costs. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred. Judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so. Accordingly, this petition is allowed. Order Annexure P-1 whereby the defence of the petitioner was struck off is set aside. Petitioner Civil Revision No. 5102 of 2009(O&M) -3- is allowed to file its written statement on or before 28.10.2009, the date fixed before the trial court subject to payment of costs of Rs. 2500/-. Thereafter the trial court shall proceed further with the case in accordance with law. Dismissed. (SABINA) JUDGE September 07, 2009 PARAMJIT