IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1325 of 2010 Date of Decision: 08.12.2010 State of Haryana and another .... Petitioners Versus Sushil Kumar and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Gaurav Dhir, DAG Haryana for the petitioners None for the respondents 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 22.5.2008 passed by Addl. District Judge, Jagadhri thereby striking of the defence of the defendants-petitioners for non-filing of written statement within time. 2. Respondents are reported to have been served through the counsel appearing on their behalf before the trial Court. 3. Learned counsel for the petitioners states that written statement is ready and shall be filed within such time as fixed by this Court. He further states that earlier written statement could not be filed because Department was reorganised and papers to prepare written statement were not readily available. 4. Hon'ble Apex Court in the matter of Kailash vs. Nanhku and others, reported in 2005(4) Supreme Court Cases, 480 has held that provision of Order 8 Rule 1 CPC are not mandatory but are C.R. No. 1325 of 2010 2 directory in nature and on sufficient cause being shown, defendants can be permitted to file written statement beyond statutory period. 5. Considering the peculiar 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 should be decided, as far as possible, on the merits after giving sufficient opportunities to both the parties to place on record pleadings, material and evidence, I direct that petitioners/defendants shall file written statement within 15 days from today in the Court below. 6. Order impugned stands quashed. 7. Defendants-petitioners shall pay cost of ` 5000/- to the plaintiffs-respondents. It is, however, made clear that no further time shall be granted for filing written statement or for payment of cost. On filing written statement and payment of cost, learned trial Court shall proceed with the case in accordance with law. 8. Petition stands disposed of. (ALOK SINGH) 08.12.2010 JUDGE reena