CR No. 3001 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 3001 of 2009 Date of decision May 25, 2009 Balwinder Singh ....... Petitioner Versus Sukhwinder Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashish Aggarwal, Advocate for the petitioner. Mr. Gaurav Arora, Advocate for the caveator-respondent No.1. **** 1. Whether reporters of local newspapers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. The revision is against the order striking off the defence for failure of the defendant to file written statement. Admittedly there are other defendants who have filed the written statement and the case is posted for further evidence. The reason given by the defendant for not filing the written statement was that some records were not available to enable him to prepare the written statement. For the reasons stated by him the delay in filing the written statement ought to have been condoned and the statement should have been ordered to be received. 2. Learned counsel for the respondent is on caveat and it is informed by both the counsel that there is also a likelihood of matter being settled. CR No. 3001 of 2009 2 3. On consideration of all the relevant facts, I am of the view that the orders of the Court below striking off the defence are liable to be set aside and the defendant is allowed to file the written statement. 4. The Civil revision is allowed on the above terms. (K. KANNAN) JUDGE May 25, 2009 archana