IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7311 of 2009(O&M) Date of decision: 1.4.2010 Executive Engineer Water Supply and Sanitation Divn. Kaithal ......Petitioner(s) Versus Dharmender Singh ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Kulvir Narwal, Additional Advocate General, for the petitioner. Mr. Sandeep Panwar, Advocate for the respondent. Rakesh Kumar Garg, J. (Oral) This is defendant's revision petition challenging the impugned order whereby the defence of the petitioner has been struck off for non- filing of the written statement. Challenging the aforesaid order, learned counsel for the petitioner has submitted that the provisions of Order 8 Rule 1 CPC are directory in nature and the written statement can be allowed to be filed even after expiry of 90 days. It has been further submitted by the learned counsel for the petitioner that no prejudice is going to be caused to the plaintiff-respondent if the impugned order is set aside and the petitioner is allowed to file its written statement as evidence of the plaintiff-respondent has not been started/completed. Learned counsel has further submitted that the written statement is ready and the same shall be filed immediately without any further delay on the date fixed or as per the directions of this Court. On the other hand, learned counsel appearing on behalf of the plaintiff-respondent has vehemently argued that sufficient opportunities have already been granted to the petitioner and thus, the impugned order CR No.7311 of 2009(O&M) -2- has been passed validly. I have heard learned counsel for the parties. It is well settled that the defendant can be permitted to file written statement beyond the period of 90 days, as provisions of Order 8 Rule 1 CPC are directory in nature. Moreover, no prejudice is going to be caused to the respondent and he can be compensated with costs. Thus, keeping in view the facts and circumstances of the case, in the interest of justice, I allow this petition and set aside the order dated 14.9.2009. Let the written statement of the petitioner be filed within 10 days from today subject to payment of costs assessed at Rs.2,000/- which shall be paid to the plaintiff-respondent before filing the written statement. It is made clear that no further opportunity shall be granted to the petitioner if the written statement is not filed within the stipulated period as aforesaid. The present petition stands disposed of. April 1, 2010 (RAKESH KUMAR GARG) ps JUDGE