C.R. No. 4704 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4704 of 2009 Date of Decision : 20.8.2009 Om Parkash & others .......... Petitioners Versus Murari Lal & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.D. Yadav, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 11.8.2009, passed by the learned Civil Judge ( Sr.Divn.), Rewari striking out the defence of the petitioners, for not filing the written statement within the period of 90 days as stipulated under Order 8 Rule 1 of the Code of Civil Procedure. The learned counsel for the petitioners contends, that in the interest of justice the petitioners be granted one last opportunity for filing written statement on payment of costs. The learned trial Court has ordered to strike off the defence of the petitioners for not filing the written statement within the stipulated period of 90 days, by rejecting the request of the petitioners for adjournment of the case, as the revenue record was awaited. In view of the fact, that the C.R. No. 4704 of 2009 2 case was adjourned for notice to defendants No. 10 & 11 and grant of further time was not likely to delay the proceedings it would have been appropriate, that the learned trial Court should have accepted the request for adjournment by imposing the cost to compensate the other party. Without going into the merits of the case, and keeping in view the fact, that the provisions of Order 8 Rule 1 C.P.C. are directory not mandatory. Accordingly, the present revision is allowed, the impugned order is set aside and the petitioners are granted one opportunity to file the written statement, on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/- ( Rupees five thousand only ) as costs. 20.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE