IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2982 of 2011 Date of decision: 5.5.2011 Gurbir Singh and another … Petitioners versus Sarabjit Singh … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. L.S.Sidhu, Advocate, for the petitioners ... ARVIND KUMAR, J: The present petitioners are the defendants in the suit under Section 6 of the Specific Relief Act for the recovery of possession of land, titled Sarabjit Singh v. Gurbir Singh etc. The defendants did not file written statement despite numerous opportunities. Plaintiff filed an application for striking off the defence of the defendants. Vide impugned order dated 11.4.2011, the application has been allowed and the defence of the defendants has been struck off. Hence, the present revision. Heard. Counsel for the present petitioners has prayed for only one opportunity for filing of written statement by the defendants and they are ready to bear costs for their lapse. No doubt, the petitioners-defendants were some what negligent in not filing the written statement but if one more opportunity is granted to them for the purpose, no prejudice would be caused to the plaintiff who can well be compensated with costs. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. Accordingly, this revision petition is allowed and the order under challenge is set aside. The trial Court is directed to afford one opportunity to the petitioners to file their written statement. The order passed is, however, subject to payment of costs of Rs.20,000/- to be C.R. No. 2982 of 2011 -2- paid by the petitioners to the opposite side. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondent is summoned to contest this litigation, he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same. The petition stands disposed of accordingly. May 05, 2011 ( ARVIND KUMAR ) JS JUDGE