C.R.No. 1818 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No. 1818 of 2011 Date of Decision 30.05.2011 Sohan Lal Petitioner. Versus Kanta Rani Respondent. CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present: None for the petitioner. Mr. Yogesh Saini, Advocate, for the respondent. *** RAKESH KUMAR JAIN, J. (ORAL) This revision petition is directed against the order dated 7.2.2011 passed by the Rent Controller, Ludhiana, whereby the defence of the petitioner has been ordered to be struck off as he did not file the written statement in time. Learned counsel for the petitioner has relied on the decision of the Supreme Court in the case of Salem Advocate Bar Association, Tamil Nadu Vs. Union of India, 2005(3) RCR (Civil) 530 to contend that filing of written statement within 30/90 days is not an absolute rule. It has also been submitted that the written statement was ready, but the counsel did not get it signed as the petitioner is 70 years' old and a handicapped person. C.R.No. 1818 of 2011 2 On the other hand, learned counsel for the respondent has submitted that if the revision petition is allowed, the respondent may be compensated with costs. Having regard to the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the above referred case, the present revision petition is allowed and the impugned order is set aside subject to payment of `5000/- as costs. The petitioner is granted an opportunity to file written statement. However, payment of cost shall be condition precedent for filing the written statement. (RAKESH KUMAR JAIN) 30.05.2011 JUDGE Anoop