CR No.6798/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.6798/2011 Date of decision: 08.11.2011. Sukhmander Singh ....................Petitioner v. Veerpal Kaur & Ors. .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.A.S. Manaise, Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/defendant has filed the present revision petition under Article 227 of the Constitution for setting aside the order dated 18.10.2011(P-1) whereby his defence, for not filling the written statement, has been struck off by the trial Court. It is submitted by the learned Counsel that the plaintiffs/respondents filed a suit for grant of decree of maintenance against the petitioner/defendant under Hindu Adoption and Maintenance Act and for creating a charge for the recovery of maintenance allowance from the land of the petitioner as also seeking relief of permanent injunction restraining the petitioner/defendant from alienating the suit land in any manner. In the said suit CR No.6798/2011 2 petitioner/defendant appeared through his Counsel on 08.06.2011 and sought time to file reply. Again on 20.09.2011 on the request of Counsel for the petitioner/defendant the case was adjourned to 18.10.2011 for filing written statement, however, due to failure on the part of the Counsel for the petitioner/defendant the impugned order came to be passed. It is further submitted that on 18.10.2011 brother of one Sh. R.P. Singh, Advocate had passed away and on account of this reason Bar Association, Gidderbaha passed a resolution dated 18.10.2011(copy of resolution produced in Court which is taken on record) to abstain from work. In these circumstances the Counsel for the petitioner had asked one of his colleagues to make a request for adjournment on his behalf before the Court as he himself had left for paying condolence to his colleague but instead of granting adjournment for filing written statement the learned Trial Court passed the impugned order . It is thus contended that non filling of the written statement on 18.10.2011 was under exceptional circumstances and in no event was intentional or deliberate. It is thus prayed that keeping in view the aforesaid reason and the nature of the suit, petitioner/defendant be granted one last opportunity to file his written statement subject to costs as deemed appropriate. After hearing the learned Counsel, in my opinion, the prayer made is just, reasonable and liable to be accepted. Due to failure of the CR No.6798/2011 3 Counsel for the petitioner/defendant to file written statement on 18.10.2011 for the reasons explained above, the interest of petitioner cannot be permitted to suffer. Accordingly present revision petition is allowed, impugned order dated 18.10.2011 is set aside and the petitioner/defendant is granted one last opportunity to file written statement. This shall however be subject to payment of Rs.10,000/- as costs by way of demand draft in favour of respondent-wife Virpal Kaur. Payment of costs shall be a condition precedent for filing the written statement. This order is being passed without issuing notice to the plaintiffs/respondents to avoid further delay and save them from litigation expenses. Moreover, they have been adequately compensated by way of costs. Disposed of in above terms. 08.11.2011 (Jaswant Singh) joshi Judge