Civil Revision No.2705 of 2008 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2705 of 2008 Date of decision: 9.5.2008 Jagir Singh and Others .....Petitioner Versus Puran Kaur and others .....Respondent Coram: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. M.K. Dogra, Advocate for the petitioner. Jaswant Singh, J (Oral) This petition under Article 227 of the Constitution of India has been filed by the petitioner, challenging order dated 8.4.2008 (Annexure P.1) passed by Civil Judge(Jr.Division), Ajnala vide which, the defence of the petitioners-defendants No.8,9 & 12 has been struck off due to non-filing of the written statement within the stipulated period of 90 days. It is stated that the respondent Puran Kaur filed a suit for joint possession of the land in question with consequential relief of restraining 15 defendants including the three petitioners-defendants No.8,9 & 12 from alienating the suit property. In para 3 of the revision petition, various interim orders passed upto 25.2.2008 have been reproduced to show that the process of serving the notices of the suit upon the defendants was going on. On 8.4.2008, written statement and reply to the injunction application on behalf of the petitioners-defendants No.8,9 & 12 could not be filed as they were not aware of the date of hearing and thus were not present in Court to sign the same and accordingly the Clerk of their counsel appeared and sought 2-3 days' time for doing the needful. Learned Trial Court declined the request and struck off the defence of the petitioner-defendants No.8,9 & 12 vide impugned order dated 8.4.2008. Learned counsel for the petitioners submits that LRs of the rest of the defendants No.13 & 15 have not yet been brought on record and case is at the initial stage. The next date of hearing fixed is 10.6.2008 for consideration on the stay application. Learned counsel further submits that the reason for non-filing of the written statement within the stipulated time Civil Revision No.2705 of 2008 #2# on behalf of the petitioners-defendants was bonafide and filing of the same in the facts of the case is essential for proper adjudication of the suit. He further prays for grant of one last opportunity for filing written statement subject to payment of compensatory costs. Learned counsel further cites 2005 (4) Supreme Court Cases, 480, Kailash v. Nanhku and Others and 2006 (1) Supreme Court Cases 46, Shaik Salim Haji Abdul Khyamsab v. Kumar and Others, to contend that the time limit of 90 days as prescribed by the proviso appended to Order 8 Rule 1 CPC is directory in nature being in the realm of procedural law. Hon'ble Supreme Court in both the cited cases has held that though an obligation is cast on the defendants to file their written statement within the stipulated period, however, in the endeavour to expedite the hearing and disposal of the suits, the interests of the defendants should not be sacrificed by denying them a right to put up their defence. In given cases on payment of compensatory costs and to meet the ends of justice, the Courts have the power to grant extension of time for filing the written statement. After giving my thoughtful consideration to the facts of the case and the ratio of the cited judgments, I, to advance the cause of justice, deem it just and expedient to grant one opportunity to the petitioners- defendants for filing written statement subject to payment of Rs.10,000/- as costs. Notice to respondent No.1-plaintiff is not being issued to avoid unnecessary expenses and delay in the matter as also the fact that the respondent is being compensated by payment of costs. However, in case of any grievance, respondents-plaintiffs are given liberty to make appropriate application for recalling of the order. Accordingly, revision petition is allowed and the impugned order dated 8.4.2008 is set aside with a direction to the learned trial Court to grant the petitioners-defendants No.8,9 & 12 one last opportunity for filing their written statement subject to payment of Rs.10,000/- as costs to be paid to the respondent-plaintiff by the next date i.e 10.6.2008. May 09, 2008 ( JASWANT SINGH ) mohan/manoj JUDGE