1 C.R. No. 2994 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Civil Revision No. 2994 of 2009 Date of Decision: 4.8.2009 Haryana State Minor Irrigation and Tube-well Corporation Ltd. --- Petitioner Versus M/s. Avon Engineering Company, Chandigarh --- Respondent CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- PRESENT: Mr. D.K. Khanna, Advocate for the petitioner. Mr. R.K. Aggarwal, Advocate for the respondent. --- AJAY KUMAR MITTAL, J. In this petition filed under Article 227 of the Constitution of India, the prayer is for setting aside the order dated 18.2.2009 passed by the Civil Judge (Junior Division) Chandigarh whereby the defence of the defendant-petitioner was struck off on the ground that it failed to file the written statement within ninety days. Learned counsel appearing for the petitioner submitted that the petitioner-Corporation was closed down way back in the year 2002 whereupon all subordinate offices also stopped functioning. However, skeleton staff was retained in the Head Office. The respondent-plaintiff has filed the suit for recovery of 2 C.R. No. 2994 of 2009 an amount of Rs. 5,60,000/- to which a detailed and comprehensive written statement was required to be filed, but owing to the circumstances aforesaid coupled with an additional fact that the information which needed to be referred to in the written statement was to be derived from various field offices, the written statement could not be filed within the time permissible by law. The counsel further submitted that a manifest injustice would be done to the petitioner if the order striking off its defence is sustained. The counsel submitted that if the permission is granted by this Court, the written statement shall be furnished in the trial court on the date already fixed in the suit, i.e. on 23.9.2009. The counsel, thus, made an earnest submission, in view of the circumstances narrated above, that the petitioner may be granted only one opportunity to enable it to file the written statement on the date aforesaid, in the interest of justice. Learned counsel for the respondent has supported the impugned order. After hearing learned counsel for the parties and having regard to the facts and circumstances of the case, this Court is satisfied that in the interest of justice, the petitioner- Corporation deserves to be granted one opportunity to file its written statement. Accordingly, the revision petition is disposed of by permitting the petitioner to furnish/place on record its 3 C.R. No. 2994 of 2009 written statement to the suit on 23.9.2009, the date already fixed in the civil suit. If, however, for some reason, the case is not taken up on 23.9.2009, the written statement shall be permitted to be placed on record on the next date when the suit is taken up for hearing. The filing of the written statement is subject to payment of Rs. 2,000/- as costs payable to the plaintiff. It is made clear that in case the petitioner fails to either furnish the written statement or pay the costs as ordered herein, the present revision petition shall be deemed to have been automatically dismissed without further reference to the Court. (AJAY KUMAR MITTAL) August 04, 2009 JUDGE *RKMALIK*