In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4678 of 2009 Date of Decision:August 20, 2009 Daljit Singh and another ---Petitioners versus Lal Singh ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Ms. Kuldeep Kaur Ghuman,Advocate, for the petitioners *** SABINA J. This revision petition has been filed under Article 227 of the Constitution of Indian for setting aside order dated 11.6.2009 passed by Civil Judge(Jr. Division), Dera Bassi (Annexure P-1) and order dated 8.9.2008 (Annexure P-2) vide which the defence of the petitioner was struck off. Plaintiff-Lal Singh had filed a suit for permanent injunction restraining the defendants from blocking the passage in any manner Mark ed DGHI in the site plan. Vide order dated 8.9.2008(Annexure P-2), the defence of the petitioners was struck off as they had failed to file their written statement within a period of 90 days. Thereafter, petitioners moved an application for recalling of the said order before the trial court. Vide order dated 11.6.2009 (Annexure P-1), the said application was dismissed. Civil Revision No. 4678 of 2009 -2- Learned counsel for the petitioners has submitted that the case was fixed for 13.12.2008 and plaintiff had moved an application for preponing the date. The suit was fixed for 8.9.2008 for filing reply to the application for stay and written statement and the counsel for the petitioners was under the impression that the application for preponing of the suit would be considered and due to this misconception petitioners could not file their written statement. The ends of justice require that a dispute between the parties is disposed of on merits. When a substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred. Judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so. In case one opportunity is granted to the petitioners to file their written statement, then the lis between the parties would be disposed of merits. The plaintiff can be compensated with costs. During the course of arguments, learned counsel for the petitioners has submitted that the petitioners will file their written statement on or before the date fixed before the trial court i.e. 24.9.2009. Accordingly, this petition is allowed and the petitioners are allowed to file their written statement on or before 24.9.2009 subject to payment of Rs. 2500/- as costs. Thereafter, the trial court shall proceed with the case further in accordance with law. (SABINA) JUDGE August 20, 2009 PARAMJIT