C.R. No.5406 of 2004 (O & M) ::1:: IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH C.R. No.5406 of 2004 (O & M) Date of decision: 20.12.2011 The State of Haryana and others .... Petitioners Versus Krishna Dang ....Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.P.S. Batta, Addl. A.G., Haryana, for the petitioners. None for the respondent. **** AJAY KUMAR MITTAL, J.: (Oral) This petition has been filed under Article 227 of the Constitution of India for setting aside the impugned orders dated 13th January, 2003 and 16th August, 2004 passed by the trial court whereby the defence of the petitioners was struck off for not filing the written statement within three months. Further, an application filed by the petitioners seeking review of the order dated 13th January, 2003 was dismissed vide order dated 16th August, 2004. 2. Learned State counsel for the petitioners submitted that written statement could not be filed due to certain unavoidable circumstances. He further submitted that the provisions of Order VIII Rule 1 of the Code of Civil Procedure are directory in nature as has been held by the Apex Court in Kailash versus Nanhku and others C.R. No.5406 of 2004 (O & M) ::2:: (2005) 4 SCC 480 and Salem Advocate Bar Association, T.N. Versus Union of India (2005) 6 SCC 344. According to the learned counsel the written statement can be filed on the next date to be fixed by the trial court and in the interest of justice, the respondent can be compensated by way of costs. It was pointed out that a sum of Rs.5000/- has already been deposited by the petitioners in the Registry of this Court on account of litigation expenses which were directed to be paid to the respondent irrespective of the result of the petition. He urged that since there is no representation on behalf of the respondent in this Court, the said amount may be remitted to the trial court which may be paid to the respondent as costs. 3. After hearing learned counsel for the petitioners, the present petition is disposed of by granting one opportunity to the petitioners to file the written statement on the date to be fixed by the trial court. However, the Registry of this Court shall remit the sum of Rs.5000/-, as deposited by the petitioners in this Court, to the trial court to be paid to the respondent towards costs. It is, however, clarified that in case, the written statement is not filed on the date fixed by the trial court, the present petition shall be deemed to have been dismissed. 4. In case, the respondent has any substantive grievance against the aforesaid order, she can move this court for modification of the present order. (AJAY KUMAR MITTAL) JUDGE December 20, 2011 sukhpreet C.R. No.5406 of 2004 (O & M) ::3:: C.R. No.5406 of 2004 (O & M) ::4::