IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2760 of 2011 Date of decision: 28.4.2011 Ramu … Petitioner versus Bhawani Sahai and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. H.S.Baath, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is defendant No.2 in the suit for specific performance titled Bhawani Sahai and another v. Jangli @ Mool Chand and others. He is aggrived with order dated 3.3.2011 by dint of which his defence has been struck off for non-filing of written statement despite the grant of number of opportunities including last opportunity. Heard. The impugned order indicates that the case is at the initial stage. Service of other defendants is still to be effected. No doubt, the petitioner was somewhat negligent in not filing the written statement well in time, but this Court is of the considered opinion that if an opportunity is not afforded to him, he will suffer an irreparable loss. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. As stated above, the case is still at the initial stage. The other party can well be compensated with costs. Accordingly, this revision petition is allowed and the trial Court is directed to afford one effective opportunity to the petitioner to file written statement. The order passed is, however, subject to payment of costs of Rs.10,000/- to be paid by the petitioner to the opposite side. Keeping in view the circumstances mentioned above, this C.R. No. 2760 of 2011 -2- revision is being disposed of without issuing any notice to the opposite party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. The petition stands disposed of accordingly. April 28, 2011 ( ARVIND KUMAR ) JS JUDGE