Civil Revision No.7100 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7100 of 2008 Date of decision : 15.1.2009 Smt. Surinder Kaur .....Petitioner Versus Ujjalpreet Singh and others ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Sarrabjit Singh, Advocate for the petitioner. S. D. ANAND, J. It is apparent from the interim order (copies whereof were placed on record as Annexure P-3) that three adjournments were granted to the defendant-petitioner for filing of written statement. The last adjournment was granted subject to payment of Rs.100/- as costs. On the adjourned date, the costs were not paid and written statement was also not filed. In the light thereof, the defence of the defendant-petitioner was ordered to be struck off. At the same time, it is apparent from a perusal of the interim orders aforementioned that the case, for the first time came, to be adjourned on 15.4.2008 to 2.5.2008 for filing of written statement which was not filed on that date and the matter was adjourned to 29.5.2008. On that date too, the written statement was not filed and the matter was adjourned to 11.6.2008 subject to payment of costs. It was further thereafter on 11.6.2008 that the defence was struck off on account of non filing of written statement and the non payment of costs. It is apparent from Civil Revision No.7100 of 2008 -2- **** the record that very short adjournments were granted (by the Trial Court) for filing of pleadings by the defendant-petitioner. Even otherwise, the law would always relish the adjudication of a controversy on merits which (disposal) could be feasible only after the parties have filed pleadings in the Courts. In the absence of any pleading on behalf of the defendant- petitioner, the effective adjudication of the controversy would not be feasible. Nonetheless the plaintiff-petitioner must be compensated for the dereliction on the part of the defendant-petitioner which caused delay in the disposal of the adjudication. The petition shall stand allowed in limine. The defendant-petitioner shall be entitled to file the pleading/written statement on 19.1.2009 itself on payment of Rs.1000/- ( + amount of Rs.100/- which had already been imposed by the learned Trial Court as costs). Disposed of accordingly. January 15, 2009 (S. D. ANAND) Pka JUDGE