Civil Revision No. 326 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 326 of 2009 Date of decision: 21.01.2009. Smt. Phoolwati and another ...Petiitioners Versus Smt. Promila ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Ashwani Bakshi, Advocate, for the petitioner. ***** S.D.ANAND, J. The defendants-petitioners have a grievance that their defence was unjustly struck off by the learned Trial Court, vide impugned order dated 5.8.2008. It is apparent from a perusal of Annexure P-3( copy of interim order dated 7.4.2008) that defendants-petitioners entered appearance, for the first time through a counsel on that date only and the matter was adjourned to 16.5.2008. However, on that date, only a memo of appearance was filed on behalf of the defendants-petitioners. On 16.5.2008, a power of attorney on behalf of the defendants-petitioners was filed and the matter was adjourned to 5.8.2008 for filing written statement, subject to payment of Rs.100/- as costs. It was made clear that this shall be the last opportunity for filing of the written statement. On 5.8.2008, the written statement was not filed by the defendants/respondents and their defence was ordered to be struck off. Civil Revision No. 326 of 2009 -2- **** The law does not normally relish disablement of a party from resisting a claim on a technical count. The law would relish adjudication on merits on the basis of pleadings of the parties and the evidence adduced by them in support of their respective pleas at the trial. The petition shall stand allowed in limine. The order dated 5.8.2008 shall stand quashed. The petitioners-defendants shall file their pleadings on 23.1.2009 before the trial Court, subject to payment of Rs.2000/- as costs. Copy of the order be given to the learned counsel for the petitioner under the signatures of the Court Secretary. January 21, 2009 (S.D.Anand) Pka Judge