Civil Revision No. 2173 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 2173 of 2009 (O&M) Date of decision : 5.5.2009 Sahib Ram and others ..... Petitioners vs Amar Singh ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajesh Pal Kansal, Advocate, for the petitioners. Rajesh Bindal J. In the present petition, the challenge is to the order dated 25.11.2008 passed by the learned court below, whereby on account of non- filing of written statement by the petitioners, their defence was struck off. Learned counsel for the petitioners submitted that written statement could not be filed on the date fixed for the reason that the counsel in the trial court had failed to reach in time at Civil Courts Dera Bassi as he has to go to Civil Courts, Panchkula also in a fresh case. He further states that written statement was ready but due to the reason which was beyond the control of the petitioners, the same could not be filed in time. Immediately, after the passing of impugned order, the petitioners filed application for setting aside impugned order, but as the same being not maintainable, was withdrawn and the order was challenged in the present petitions. He further submitted that no effective proceedings have taken place after the passing of the impugned orders and parties to the dispute are brothers. He relied upon judgments of Hon'ble the Supreme Court in Kailash vs Nanhku and others, JT 2005(4) SC 204; Salem Advocate Bar Association, Tamil Nadu v. Union of India, JT 2005(6) SC 486 and M/s R. N. Jadi and Brothers and others v. Subhashchandra, JT 2007(9) SC 165 to submit that Order VIII Rule 1 of the Code of Civil Procedure has been held to be directory in nature and not mandatory. After hearing learned counsel for the petitioners, I find merit in the contentions raised by him. It has been consistently opined by Hon'ble the Supreme Court in the judgments, referred to above, that Order VIII Rule Civil Revision No. 2173 of 2009 (2) 1 of the Code of Civil Procedure which provides time for filing of written statement is directory in nature. Accordingly, the petition is accepted. The petitioners are permitted to file written statement before the learned court below on or before the next date of hearing i.e. 2.6.2009. The issues, if already framed, may be modified or reframed keeping in view the stand of the petitioners/defendants in the written statement to be filed. However, the same shall be subject to payment of Rs. 1,000/- as costs to the respondent. 5.5.2009 ( Rajesh Bindal) vs. Judge