C.R.No.6795 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6795 of 2009 Date of Decision : 25.11.2009 Inderjit Singh and another ...Petitioners Versus Nirmal Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Vishal Aggarwal, Advocate, for the petitioners. Mr. A.K.Sharma, Advocate, for the caveator-respondents. HEMANT GUPTA, J. (ORAL) The petitioners are aggrieved against the order passed by the learned trial Court on 25.9.2009, whereby the defence of the defendants was struck off for not filing the written-statement. Learned counsel for the petitioners submitted that, in fact, earlier the plaintiffs were proceeded ex parte. The said ex parte proceedings were set aside on 24.8.2009 subject to payment of Rs.1000/- as costs and on the adjourned date i.e. 25.9.2009, the defence of the defendants was struck off, as neither costs were paid nor the written statement was filed. Learned counsel for the petitioners contends that though the defendants have contested the proceedings in negligent manner, but keeping in view the fact that delay in filing of the written statement was on account of communication gap between the petitioners and their counsel, therefore, if one opportunity is given to the petitioners, the plaintiffs shall file their written statement on the date fixed before the C.R.No.6795 of 2009 2 learned trial Court i.e. 17.12.2009 and also compensate the plaintiffs for delay in filing of the written statement. Keeping in view the fact that the suit is for injunction and is at initial stage, I deem it appropriate to allow the defendant-petitioners to file written statement on the next date of hearing i.e. 17.12.2009, subject to payment of Rs.5000/- as costs. Such costs is inclusive of the costs of Rs.1000/- imposed by the learned trial Court on 24.8.2009. If the defendant-petitioners fail to pay the costs on the next date of hearing and also to file written statement, the order passed by the learned trial Court on 25.9.2009 will be operative and the trial Court will proceed with the suit in accordance with law. With the said direction, the revision petition stands disposed of. 25.11.2009 (HEMANT GUPTA) Vimal JUDGE