CR No.6148 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6148 of 2010 (O&M) Decided on : 11-10-2010 Sheo Chand @ Shiv Chand ....Petitioner VERSUS Maru Ram and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.J.P.Sharma, Advocate for the petitioner. MAHESH GROVER, J There is no legal infirmity in the impugned order dated 1.9.2010 vide which defence of the petitioner was struck of. Learned counsel for the petitioner contends that the petitioner was ill on the said date and it was not in his knowledge that it was the last opportunity to file his written statement. He further contends that if only one opportunity is granted to him, the petitioner will file his written statement. After hearing learned counsel for the petitioner, I do not find any legal infirmity in the impugned order but purely in the interest of justice, the impugned order is set aside without issuance of notice of motion to other side as resorting to this process is likely to delay the proceedings further the other side can be compensated with costs. Therefore, the impugned order is set aside, however, subject to payment of Rs.5,000/- as costs and the petitioner as a consequence thereof, shall be CR No.6148 of 2010 (O&M) 2 granted only one effective opportunity to file his written statement within 15 days from today. The Trial Court shall afford only one effective opportunity for the said purpose and in no eventuality shall grant the petitioner more than one opportunity. Disposed of. October 11, 2010 (Mahesh Grover) rekha Judge