C.R. No. 5220 of 2010 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5220 of 2010 (O&M) Date of Decision : 19.08.2010 Ashok Sareen .......... Petitioner Versus Smt. Sonia Sehdev ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Puneet Sharma, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioner by invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India has challenged the order dated 19.7.2010, passed by the learned Civil Judge (Jr. Div.), Jalandhar, vide which defence of the petitioner was ordered to be struck off, for not filing the written statement within the statutory period of 90 days. The impugned order reads as under :- “No reply has been filed. The perusal of the file shows that the respondent was served on 5.11.2009 and he has appeared in this case on 7.11.2009. Therefore, statute period of 90 days for filing of reply has elapsed. But no reply has been filed on behalf of the respondent. Hence the defence of respondent is struck off. Now to come up on 20.8.2010 for evidence of the petitioner.” C.R. No. 5220 of 2010 -2- ***** The order passed by the learned trial Court prima facie is against the settled principle of law, that the provisions of Order 8 Rule 1 of the Code of Civil Procedure are directory and not mandatory, and the Court can grant time to file written statement after expiry of statutory period of 90 days. However, the petitioner has failed to file the written statement, in spite of number of opportunities having been given. The learned counsel for the petitioner prays, that without going into the merits of the case, the petitioner be granted one opportunity to file the written statement. In view of the stand taken by the learned counsel for the petitioner, this revision petition is allowed, the impugned order is set aside. The petitioner is granted one opportunity to file the written statement, on the date fixed i.e. 20.8.2010. However, this shall be subject to payment of Rs. 5,000/- (Rupees five thousand only) as costs. Copy of this order be given dasti under the signatures of the Bench Secretary. 19.08.2010 (VINOD K. SHARMA) 'sp' JUDGE