C.R. No. 913 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.R. No. 913 of 2009 Date of decision February 19, 2009 Kapil Dev ....... Petitioner Versus Inder Singh ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Arun Singal, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. The revision is against the order of the Court below directing the defence to be struck off for non-filing of written statement and for not paying the costs. 2. The suit for injunction is reported to have been filed on 20.11.2004 and defendant had been proceeded ex-parte on 7.12.2004. An application to set aside the ex-parte order was filed on 19.2.2007 and it appears that the Court passed an order on 21.7.2008 directing the cost to Rs.3,00/- to be paid for filing written statement on the date fixed by the Court namely on 17.11.2006. Cost was not paid and the statement was also not filed. Consequently,the order that was impugned in the revision was passed directing the defence to be struck off and the case was adjourned to 13.6.2009 for arguments. 3. Having regard to the fact that the decree itself has not been passed and the fact that the suit relates to a claim in reference to a immovable property, one last opportunity as sought for by the revision C.R. No. 913 of 2009 2 petitioner could be granted. After all, suit itself has not been decreed and it is posted for arguments. I do not think, therefore that there is any need keeping the revision petition pending by issuing notice to the respondent. Learned counsel for the revision petitioner states that he will file the written statement on any date fixed by this Court. Since the suit is still pending before the trial Court, the order striking off the defence is set aside and the written statement sought to be filed shall be received by the Court on or before 16.3.2009 subject to payment of costs as Rs.2500/-. This shall include the costs already directed to be paid by the trial Court and which has been referred to in its order dated 21.7.2008. 4. Subject to the above, Civil revision petition is disposed of at the stage of admission itself. If the statement is not filed before 16.3.2009 as directed, the original order which was already passed shall stand confirmed. (K. KANNAN) JUDGE February 19 , 2009 archana