IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 520 of 2009. Date of decision:- 29.01.2009. Darbara Singh and another ...Petitioners Versus Tejwant Kaur and another ...Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. A.K. Walia, Advocate for the petitioners. JASWANT SINGH J.(Oral) The petitioners, who are defendants No.1 and 2, have filed the present revision petition under Article 227 of the Constitution of India praying for setting aside the order dated 16.10.2008 passed by learned Additional Civil Judge (Senior Division), Patiala whereby their defence has been struck off on account of non-filing of the written statement within 90 days of their appearance. Tejwant Kaur, contesting respondent No.1-plaintiff filed a suit for recovery of Rs. 15,00,000/- alongwith interest at the rate of 18% till the date of realization of amount as per the terms and conditions of the agreement dated 23.11.2006. Upon notice of the suit, petitioner No.1-defendant appeared before the trial Court through counsel Shri Amrinder Singh, Advocate on 27.05.2008 and petitioner No.2-defendant through counsel Shri Amrinder Singh, Advocate on 06.08.2008 and the case was adjourned to 16.10.2008 for filing of written statement on behalf of petitioners-defendants No.1 and 2. On the next date i.e. 16.10.2008 defendant No.3 also appeared through C.R. No. 520 of 2009 -2- counsel Shri Amrinder Singh, Advocate but on account of non-filing of written statement on behalf of the petitioners-defendants No.1 and 2, their defence was struck off. Learned counsel contends that due to the reasons that the matter was being in the process of arriving at compromise between the parties and the change of their counsel, the written statement could not be finalized and therefore, the delay occurred. Learned counsel prays for one last opportunity to file the written statement subject to payment of appropriate cost. I have heard learned counsel for the petitioners and peruse the records. It is not disputed by the learned counsel for the parties that provisions of Order 8 Rule 1 CPC, which prescribe a period of 90 days for filing of the written statement, have been held to be directory in nature by the Hon'ble Supreme Court in Kailash v. Nanhku and others, 2005(2) RCR (Civil)379; by this Court in Surender Singh and others v. Omvati and others,2005(3) RCR (Civil) 786; and Housing Board Haryana v. Suresh and others, 2008(3) RCR (Civil) 865. It has further been held therein that in exceptional circumstances the Court can extend the time beyond 90 days for filing the written statement so as to avoid injustice being caused to the defendant(s). Keeping in view the facts and circumstances of the case and the aforesaid position of law, this Court is of the opinion that it would be in the interest of justice, if petitioners-defendants are granted one opportunity to file their written statement. Accordingly, the present revision petition is C.R. No. 520 of 2009 -3- allowed, impugned order dated 16.10.2008 (Annexure P-1) is set aside and the petitioners-defendants are granted one last opportunity to file their written statement on the next date fixed or any date to be fixed by the learned Trial Court subject to payment of Rs.5000/- as costs to the contesting respondent No.1-plaintiff. This order is being passed without issuing notice to the respondent-plaintiff since it would unnecessarily entail delay of proceedings and expenses on her part and she is, otherwise, being compensated by way of costs. Allowed, with the aforesaid directions. January 29, 2009 (JASWANT SINGH) vj JUDGE