CR No.7782/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7782/2011(O&M) Date of decision: 15.12.2011. Avtar Singh ....................Petitioner v. Ranjit Singh and another .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.YP Singla,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/defendant has filed the instant revision petition under Article 227 of the Constitution for setting aside the order dated 15.11.2011 passed by learned Civil Judge (Junior Division) Patiala vide which his defence, for non-filing of the written statement, has been struck off. Learned counsel for the petitioner/defendant submits that in the suit for partition and permanent injunction filed by respondent/plaintiff Ranjit Singh, upon service defendant/petitioner has put in appearance on 8.1.2011 and for filing a proper written statement certain documents were required, therefore, an application dated 15.1.2011(P2) was made before the learned trial court for a direction to CR No.7782/2011(O&M) 2 the plaintiff to supply the stated documents. It is thus stated that the reason for not filing written statement despite many opportunities was due to the reason of non-availability of said documents. It is further contended that now the said documents have been obtained, therefore, one opportunity be granted to file the written statement. After hearing the learned counsel for the petitioner this Court deems it expedient in the interest of justice to grant one opportunity to the petitioner/defendant to file his written statement as he has shown sufficient cause for non-filing of the same within the stipulated time moreso, when it is settled law that provisions of Order 8 Rule 1 CPC are directory and not mandatory. Accordingly, the present revision petition is allowed, impugned order dated 15.11.2011 striking off the defence of the petitioner is set aside and he is granted one last opportunity to file his written statement within two weeks from today subject to payment of Rs.5000/- as costs to be paid to respondent plaintiff by way of a demand draft. Payment of costs shall be a condition precedent. This order is being passed without issuing notice to the respondent/plaintiff to avoid delay and save him from litigation expenses and he being compensated by way of payment of costs. 15.12.2011 (Jaswant Singh) joshi Judge