IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1943/2009 Date of Decision:16.4.2009. Balour Singh ..........Petitioner. Versus Hakam Singh ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.B.S.Thind,Advocate for Mr.H.S.Sidhu,Advocate for the petitioner. JASWANT SINGH,J(Oral). The present revision petition under Article 227 of the Constitution of India is directed against the order dated 13.2.2009 (Annexure P/1) passed by the learned Civil Judge (Junior Division)Moga, whereby the evidence of the petitioner- defendant has been ordered to be struck off for not filing the written statement. Respondent-plaintiff Hakam Singh, on 9.12.2008, instituted a suit for recovery of Rs.2,62,500/- against the petitioner-defendant on the basis of pronote and receipt dated 15.11.2006. On notice, petitioner-defendant put in appearance on 7.1.2009 and the case was adjourned to 21.1.2009 for filing of written statement and reply to the injunction application. On 21.1.2009 petitioner-defendant sought time to do the needful and the case stood adjourned to 31.1.2009, on which date again further time was sought for filing written statement and reply to the injunction application. The learned Trial Court accepted the request and case was ordered to be listed on 13.2.2009 for filing of the written statement and reply to the injunction application, subject to payment of Rs.200/- as costs. CR NO.1943/2009 2 Since on 13.2.2009 also the position remained the same, the impugned order was passed by the learned trial Court. Hence the present revision petition. Learned counsel for the petitioner-defendant submits that though on 13.2.2009 the written statement and reply to the injunction application were ready but the same could not be filed as petitioner could not reach the court premises in time so as to affix his signatures thereon before they could be filed in the Court. It is further submitted that in any case the defendant-petitioner put in appearance on 17.1.2009 and the prescribed period of 90 days for filing the written statement had not yet elapsed by 13.2.2009. He further submits that the case is now fixed for 11.5.2009 for plaintiff's evidence. After hearing the learned counsel for the petitioner-defendant and keeping in view the fact that prescribed period of 90 days was yet to expire, the present revision petition is allowed, the impugned order dated 13.2.2009 (Annexure P/1) is set aside and the petitioner-defendant is granted one last opportunity to file written statement and reply to the injunction application within a period of two weeks from today subject to payment of Rs.500/- as costs to be paid to the respondent-plaintiff. This amount of Rs.500/- will be in addition to the costs of Rs.200/- already imposed by the learned trial Court. This order is being passed without issuing any notice to the respondent- plaintiff to avoid unnecessary delay and to save him from litigation expenses. 16.4.2009. (Jaswant Singh) joshi Judge