IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1118 of 2011 (O&M) Date of Decision 16.02.2011 Vinod Kumar ...... Petitioner VERSUS Manju Chaudhary ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Vikram Singh, Advocate, for the petitioner. ***** A.N.JINDAL, J: Challenge in this petition is to the order dated 06.01.2011, passed by the Addl. District Judge, Karnal, whereby the defence of the petitioner-respondent has been struck off. From the zimni order dated 26.11.2010, it appears that the petitioner had appeared in the Court and the case was adjourned for reconciliation of the parties for 13.12.2010. Earlier to that, the case was fixed for 11.10.2010 when notice for service of petitioner-respondent was issued for 26.11.2010. Even if the petitioner is treated to have been served within 4-5 days from 11.10.2010 then the stipulated period of 90 days was to be expired on 15.01.2011. The Court appears to be in haste in striking off the defence much prior to the expiry of ninety days, required for filing the written statement. The Court should be careful qua such like cases. In view of the matter, the present petition is accepted, impugned order is set aside and the petitioner is directed to file the written statement before the trial Court on 21.02.2011, date already fixed. This petition is disposed of without issuing notice to the respondent/s with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondent/s as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent/s may move this court for recalling this order. (A.N.Jindal) Judge 16.02.2011 mamta-II