Civil Revision No. 4657 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4657 of 2009 (O&M) Date of decision: 19.08.2008 Maya Ram and others ....Petitioners Versus Sukhwinder Singh ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Sanjeev Kumar Panwar, Advocate, for the petitioners. ***** VINOD K. SHARMA, J (ORAL) CM No. 19185-CII of 2009 Allowed. The applicant-petitioners are exempted from filing certified copies of the Annexures and are permitted to place on record the true copies thereof. CR No. 4657 of 2009 This revision petition is directed against the order dated 18.7.2009, passed by the learned Civil Judge (Junior Division), Jagadhri, striking off the defence of the petitioners for not filing the written statement, in spite of availing number of opportunities. The impugned order reads as under: - “Written statement and reply to the injunction application on behalf of defendant no. 1 to 4 not filed. Adjournment is requested by the counsel for the defendant no. 1 to 4. Heard. As the defendants no. 1 to 4 availed sufficient opportunities. No justification to adjourn the case for filing written statement on behalf Civil Revision No. 4657 of 2009 (O&M) -2- of defendants no. 1 to 4. Hence, defence of defendants no. 1 to 4 is hereby struck off. Notice to defendants no. 5 to 7 could not be issued as copy not filed. No defendants no. 5 to 7 be summoned for 2.9.2009 on filing of copies.” Learned counsel for the petitioners has not challenged the order on merits and prays that in the interest of justice, the petitioners may be granted one last opportunity to file written statement. In this case, the stand taken by the learned counsel for the petitioner is fair, specially when defendants No. 5 to 7 are yet to be served and the case is at initial stage. Therefore, in the interest of justice, the revision petition is allowed, the impugned order is set aside and the petitioners are granted one last opportunity to file written statement on the date fixed i.e. 2.9.2009. However, this shall be subject to payment of Rs.2,000/- (Rupees two thousand only) as costs. (Vinod K. Sharma) Judge August 19, 2009 R.S.