Civil Revision No.4285 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4285 of 2008 Date of Decision:28.04.2009 Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. ....petitioners Versus Ram Kishan Yadav .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Sudhir Kumar,Advocate for Mr.Narender Hooda, Advocate for the petitioners **** RAKESH KUMAR GARG J. This is defendants' revision petition challenging the impugned order dated 21.04.2008(Annexure P-1) passed by Civil Judge (Senior Division), Gurgaon, whereby defence of the defendant-petitioners has been struck off for non-filing of the written statement. Notice of motion was issued in this case. Despite service respondent has not put in appearance. Counsel for the petitioners has stated that till date no evidence has been recorded on behalf of the plaintiff and the case is at the initial stage. Learned counsel for the petitioners has also argued that provisions of Order 8 Rule 1 are directory in nature and the respondent can be very well compensated by way of costs. I have heard learned counsel for the petitioners. After hearing him, I deem it appropriate that one opportunity be granted to the petitioners to file written statement subject to payment of costs of Rs.10,000/-. It is made clear that payment of costs shall be condition Civil Revision No.4285 of 2008 2 precedent for allowing them the opportunity to file written statement. The petitioners shall file written statement before 26.05.2009 i.e. the date fixed before the trial Court. It is made clear that no further opportunity shall be granted to the petitioners. Revision petition is allowed to the extent as indicated above. (RAKESH KUMAR GARG) JUDGE 28.04.2009 neenu