IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1230 of 2009 Date of decision: 5.3.2009 Bhalla Ram ......Petitioner Versus M/s Sawan Traders (India) ......Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Raj Kapoor Malik, Advocate for the petitioner. * * * Rakesh Kumar Garg, J.(Oral) This revision petition has been filed by the defendant challenging order dated 5.2.2009 passed by the Civil Judge (Sr. Division) Kaithal, whereby the request of the petitioner granting him further adjournment to file written statement has been rejected and resultantly, his defence has been struck off. In this case, the petitioner put in appearance on 6.11.2008 and thereafter, he moved an application for supplying him copy of the statement of accounts which was supplied to him on 5.2.2009 itself. In these circumstances, the petitioner had sought some more time to file the written statement. However, the trial Court found that the petitioner had tried to avoid service upon him and there was no justification for granting him adjournment as there was sufficient material on record to file written statement. I have heard learned counsel for the petitioner. It is well settled that the provisions of Order 8 rule 1 of the CPC do not specifically take away the power of the Court to take written statement on record filed beyond the fixed period of 90 days and the Court can accept written statement even after the aforesaid stipulated CR No.1230 of 2009 -2- period. Thus, without going into the merits of the petition, in the interest of justice, I feel it appropriate that one more opportunity should be granted to the petitioner to file written statement subject to payment of Rs.2,000/- as costs. Thus, order striking off his defence is set aside. The petitioner shall file his written statement on or before 23.3.2009. It is made clear that the payment of costs shall be condition precedent for allowing the petitioner to file the written statement. It is also made clear that the petitioner shall not ask for any other document at this stage so as to enable him to file the written statement. The revision petition is disposed of. March 5, 2009 (RAKESH KUMAR GARG) ps JUDGE