Civil Revision No. 6629 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6629 of 2011 Date of Decision: 1.11.2011 *** M/s Aneja Steel Industries & Ors. .. Petitioners Vs. Inderjit Singh .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. R.S. Longia, Advocate for the petitioners. *** ARVIND KUMAR, J. Notice of motion. Mr. Namit Gautam, Advocate for caveator-respondent accepts notice. The petitioners-tenant are aggrieved with order dated 12.9.2011 by virtue of which their defence has been struck off on account of non-filing of the written statement. Heard. Learned counsel for the petitioners has contended that it is an ejectment petition seeking eviction of the petitioners-tenant on account of non payment of rent and the case kept on pending for deciding the application filed by the petitioner seeking production of the original rent note and once the period taken by the learned Rent Controller in deciding the aforesaid application is excluded till the date when the impugned order was passed, even then the stipulated period of 90 days is yet to expire. He has prayed that written statement is ready and shall be filed by the petitioner before the Rent Controller, if permission to do so is granted, which may be subject to payment of costs and if one more effective opportunity is not provided to the petitioners, they shall suffer irreparable loss, which cannot be compensated in any manner. Rules and procedure are handmaid of justice. These are meant Civil Revision No. 6629 of 2011 2 to enhance the cause of justice and not to scuttle the same. Their Lordships of the Supreme Court in Sardar Amarjit Singh Kalra (dead) by LRs and Ors. Vs. Parmod Gupta (Smt.) (dead) by LRs and Ors. 2003(3) SCC 272, in para 26 of the judgment had opined as under:- “Laws of procedure are meant to regular effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication merits of substantial rights of citizen under personal, property and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice.” Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to permit the petitioners to file the written statement subject to payment of costs of Rs.30,000/-, which shall be paid to the respondent. In case the cost is not paid on the next date of hearing fixed before the learned trial Court, the instant petition shall be deemed to have been dismissed. (ARVIND KUMAR) JUDGE November 01, 2011 Jiten