IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3870 of 2011 Date of decision: 3.6.2011 Amrit Pal Singh … Petitioner versus Bahadur Singh ... Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Kewal Singh, Advocate, for the petitioner ... ARVIND KUMAR, J: Petitioner is defendant No.2 in the suit for declaration, titled Bahadur Singh v. Mohinder Singh and another. He is aggrieved with order dated 10.2.2011 by virtue of which on account of non-filing of the written statement, his defence has been struck off. Heard. No doubt, the present petitioner was somewhat negligent in not filing the written statement well in time but this Court is of the considered view that if an opportunity to file written statement is not afforded to him, he will certainly suffer an irreparable loss. The other reason is that suit qua defendant No.1 has also been dismissed and as such, he is the only conesting defendant. Rules and procedure are hand-maid of justice and are meant to enhance it and not to scuttle the same. Accordingly, the revision petition is allowed, impugned order is set aside to that extent only. The trial Court is directed to permit the petitioner to place on record the written statement. This order, however, is subject to payment of costs of Rs.10,000/- to be paid by the petitioner to the opposite side before the trial Court at the time of filing written statement. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If the respondent is summoned to contest this litigation, he will have C.R. No. 3870 of 2011 -2- to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same. The revision petition stands disposed of accordingly. June 03, 2011 ( ARVIND KUMAR ) JS JUDGE