Civil Revision No.4470 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4470 of 2010 (O&M) Date of decision: 13.12.2010 Balbir Lal ....Petitioner Versus Aman ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Bhoop Singh, Advocate, for Mr. Suveer Sheokand, Advocate, for the petitioner. Mr. N.G. Sharma, Advocate, for the respondent. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed challenging the order dated 10.5.2010 passed by Additional Civil Judge (Senior Division), Khanna, whereby defence of the defendant/petitioner was directed to be struck off for not filing of written statement within the stipulated period. Learned counsel for the defendant/petitioner vehemently argued that written statement could not be filed within 90 days because an application for dismissal of the suit was moved by the defendant and his counsel has advised him that there would be no need to file written statement till decision is taken on the application seeking dismissal of the suit. Learned counsel for the petitioner further states that written statement shall be filed within four weeks from today and delay in filing the written statement must be condoned. Civil Revision No.4470 of 2010 (O&M) -2- Hon'ble Apex Court in the matter of Kailash Vs. Nankhu and others, (2005) 4 Supreme Court Cases 480 has observed that provisions of Rule 1 of Order 8 CPC are not mandatory but are directive and procedural and in appropriate cases on sufficient cause being shown for not-filing written statement within stipulated period, Court has every power to take on record written statement beyond the stipulated period. Considering all the facts and circumstances of the case and keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record pleadings, evidence and material, I direct that defendant/petitioner shall file written statement within four weeks from today and shall pay Rs.15,000/- as cost within four weeks from today to the plaintiff. On filing of written statement, learned trial Court shall proceed with the case in accordance with law. In view of the above, order impugned stands quashed. Petition stands disposed of accordingly. (Alok Singh) Judge December 13, 2010 R.S.