C.R. No. 4706 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4706 of 2009 (O&M) Date of Decision : 20.8.2009 Nishan Singh & others .......... Petitioners Versus Kashmir Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. D.S. Pheruman, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 19397-CII & 19399-CII of 2009 These are applications for exemption from filing of certified copies of Annexures P-1 to P-4 and to place on record the annexures. For the reasons stated in the application, C.Ms. are allowed, the filing of certified copies of Annexures P-1 to P-4, is ordered to be dispensed with and the annexures are taken on record. C. R. No. 4706 of 2009 & C.M. No. 19398-CII of 2009 This revision petition is directed against the order dated 16.7.2009, passed by the learned Civil Judge ( Jr.Divn.), Patti, striking of the defence of the petitioners, for not filing the written statement within the period of 90 days as stipulated under Order 8 Rule 1 of the Code of Civil Procedure. The learned trial Court also denied the exercise of jurisdiction C.R. No. 4706 of 2009 2 under Section 151 of the Code of Civil Procedure to extend the period by holding, that no ground was made out for granting further time. The learned counsel for the petitioners contends, that in the interest of justice the petitioners be granted one last opportunity for filing written statement on payment of cost, as the case stands adjourned for appearance of the remaining defendants. Without going into the merits of the case, and keeping in view, that the provisions of Order 8 Rule 1 C.P.C. are directory not mandatory. The present revision is allowed, the impugned order is set aside and the petitioners are granted one final opportunity to file the written statement, on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/- (Rupees five thousand only) as costs. 20.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE