IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 280 of 2005 Date of decision : May 12, 2009 Rekha Petitioner Versus Bimla Devi Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: None A.N. JINDAL, J. (ORAL) The respondents could not be served as such their service is dispensed with for the time being. The trial Court vide impugned order dated 1.11.2003 has refused the defendant to entertain the written statement having been filed after stipulated period of 90 days from the date of the service of notice upon him. Respondent was served through Munadi and he put in appearance on 13.11.2002 and was to file the written statement by 5.1.2003. However, application filed by him on 19.5.2003 for entertaining the written statement was declined on 1.11.2003. The defendant has duly explained for non filing the written statement in time. Anyway his claim could not be thrown away on account of delay in filing written statement, however, inconvenience caused to the plaintiff could be compensated with costs. Consequently, this petition is accepted, the impugned order is set aside and it is directed that now written statement would be filed by the defendant subject to payment of Rs. 2000/- as costs. This order is passed in the absence of the respondent in order to avoid inconvenience which may be suffered by her to travel C.R. No. 280 of 2005 2 a long journey from Ferozepur to Chandigarh and to avoid unnecessary harassment. (A.N.JINDAL) 12.05.2009 JUDGE reena