C.R. No. 6781 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6781 of 2010 Date of Decision: 14.10.2010 Sushila Kumari .... Petitioner Versus Joginder Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Amit Jain, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 2.4.2010 whereby the defence of defendant No. 5/petitioner herein was struck off and order dated 8.6.2010 whereby application for recalling the order dated 2.4.2010 was rejected by the trial Court. 2. Defence of defendant No. 5/petitioner was directed to be struck off on the ground that defendant No. 5 has failed to pay cost of Rs. 3,000/- and also failed to file written statement within time fixed by the trial Court. 3. Learned counsel for defendant No. 5/petitioner argues that written statement is ready and shall be filed within such time as directed by this Court. He further undertakes that entire cost and any cost to be imposed by this Court shall be paid within such time as fixed by this Court. C.R. No. 6781 of 2010 2 4. I have heard learned counsel for the petitioner and perused the record. 5. This Court is of the opinion that this petition can be disposed of without issuing any notice to the plaintiff. This Court further finds that issuing notice to the plaintiff-respondent shall cause undue delay in the disposal of the original suit. 6. Hon'ble Apex Court in the matter of Kailash vs. Nanhku and others, reported in 2005(4) Supreme Court Cases, 480 has held that provision of Order 8 Rule 1 CPC are not mandatory but are directory in nature. Hon'ble Apex Court has also held that in the peculiar facts and circumstances of the case and after satisfying that there was reasonable excuse and explanation for the defendant for not filing written statement within time, Court may permit the defendant to file written statement beyond 90 days. 7. Considering the facts and circumstances of the case and keeping in mind that none should be given walk over and lis between the parties should be decided, as far as possible, on the merits after giving sufficient opportunities to both the parties to place on record pleadings, material and evidence, I direct that petitioner/defendant No. 5 shall file written statement within 15 days from today. Defendant-petitioner shall also pay cost of Rs. 5000/- over and above cost already imposed by the trial Court. Entire cost shall be paid by the petitioner-defendant No. 5 within 15 days from today to the plaintiff. 8. Petition stands disposed of. (ALOK SINGH) 14.10.2010 JUDGE reena