In the High Court of Punjab and Haryana at Chandigarh Civil Revision No.4581 of 2009 Date of Decision:August 13, 2009 Haryana State Industrial Development Corporation Limited ---Petitioner versus Partap Singh and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Hemant Bassi,Advocate, for the petitioner *** SABINA J. Respondents-Partap Singh and others have sought a reference under Section 18 of the Land Acquisition Act. Notice of the same was issued to the petitioner. Vide the impugned order dated 27.4.2009 passed by additional District Judge, Faridabad (Annexure P-2), the defence of the petitioner has been struck off. Hence the present revision petition. The impugned order dated 27.4.2009 reads as under:- “Written statement not filed by any of the respondents despite last opportunity. Perusal of the file reveals that appearance on behalf of the respondents No. 1 and 2 was made on 4.9.2007 and appearance on behalf of respondent No. 3 was made on 3.10.2008. A period of more than one and half years has Civil Revision No.4581 of 2009 -2- expired and ever since then numerous opportunities have been granted to the respondents but they have failed to file written statement. Today was the last opportunity but the respondents failed to avail even that opportunity. Thus, what is evident is that CPC provides a period of ninety days but a period of twenty months have been availed by the respondents No. 1 and 2 and more than six months by respondent HSIDC but they have not been able to file the written statement. In these circumstances, I decline the request of learned GP and his proxy counsel to grant further opportunity to file the written statement. The defence of all the respondents is hereby struck of. Case is now adjourned to 22.7.2009. File be now put up along with the connected references of the same Award.” Learned counsel for the petitioner has submitted that only one opportunity be granted to the petitioner to file its written statement. Now the case is listed before the trial court on 25.9.2009 for further proceedings. A perusal of the interim orders placed on record reveals that although sufficient opportunities had been granted to the petitioner to file its written statement, still interest of justice demands that one more opportunity be allowed to the petitioner to file its written statement. Respondents-Partap Singh and others can be compensated with costs. The judiciary is respected not on account of its power to legalise injustice on technical grounds but it is capable of removing injustice and is expected to do so. Accordingly, this revision petition is allowed. Petitioner is directed to file its written statement on the date fixed Civil Revision No.4581 of 2009 -3- before the Reference Court i.e. 25.9.2009 subject to payment of Rs. 2500/- as costs. The reference court shall then proceed further with the matter in accordance with law. (SABINA) JUDGE August 13, 2009 PARAMJIT