C.R.No.5471 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5471 of 2009 Date of Decision : 24.09.2009 Danial ...Petitioner Versus Bashir Masih and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Rajesh Bhatehja, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) Defendant No.2 is in revision aggrieved against the order passed by the learned trial Court, whereby the defence of defendant No.2- petitioner was struck off for not filing the written-statement within 90 days after putting appearance on 10.11.2008. Learned counsel for the petitioner contends that though the defendant has put in appearance on 10.11.2008, but that appearance was in person. It was for the first time on 27.5.2009, the defendant appeared through his Advocate. The written statement was, in fact, ready on 3.8.2009, but could not be filed on account of non-availability of certain documents. It is contended that the petitioner shall file written statement if one opportunity is given and shall also compensate the plaintiff for the delay in filing of the written statement. The suit of the plaintiff is under Section 6 of the Specific Relief Act, 1863, wherein the plaintiff has claimed mesne profits at the rate of Rs.10,000/- per month as well for wrongful use and occupation of the suit property. C.R.No.5471 of 2009 2 It appears that the defendant has intention to delay the proceedings for one reason or the other. It is evident from the fact that earlier the defendant appear in person on 10.11.2008 and engaged an Advocate, who put in appearance on his behalf six months later on 27.5.2009. The written statement was not filed till 3.8.2009, which led to striking off the defence of the petitioner. Since, the plaintiff has claimed mesne profits at the rate of Rs.10,000/- per month, I deem it appropriate to grant one opportunity to the defendant/petitioner to file written-statement subject to payment of Rs.20,000/- as costs keeping in view the fact that 3.8.2009 was the last date for filing of the written statement and the petitioner has successful in delaying the proceedings for almost two months. If the petitioner files the written statement and pays the costs of Rs.20,000/- on the date fixed by the trial Court for further proceedings, the same shall be taken on record and the Court shall proceed in accordance with law. With the said directions, the petition stands disposed of. 24.09.2009 (HEMANT GUPTA) Vimal JUDGE