IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.2197/2009 Date of Decision:22.4.2009. M/s Amar Nath Kedar Nath and others ..........Petitioners. Versus Prem Singh and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Vipin Mahajan,Advocate for the petitioners. JASWANT SINGH,J(Oral). Prayer in the present revision petition under Article 227 of the Constitution of India is for setting aside the order dated 27.2.2009 (Annexure P/2) passed by the learned Additional Civil Judge (Senior Division) Gurdaspur, whereby the defence of the petitioners-defendants 1 to 4 has been ordered to be struck off for non-filing of the written statement within 30 days. Plaintiffs-respondents 1 to 5, residents of Sheller Site Colony, Sangalpura Road,Gurdaspur, filed a suit on 7.11.2008 (Annexure P/1) for mandatory injunction directing the defendants to remove their commercial business activities and to stop loading and unloading of trucks etc., from the residential colony described in the head note of the plaint. It is not disputed that petitioners-defendants 1 to 4 were served and they appeared through their counsel on 20.1.2009. It is also not disputed that the petitioners, despite three opportunities, failed to file written statement and CR NO.2197/2009 2 it is thereafter that the impugned order came to be passed on 27.2.2009. Learned counsel for the petitioners submits that the case is now fixed for 1.5.2009 for consideration of setting aside of ex parte order dated 20.1.2009 qua defendant no.6 and no effective proceedings have yet taken place. He further contends that the written statement was ready to be filed on 27.2.2009, however, due to some urgent work, petitioner defendant no.1 who was to sign the written statement had to leave the station for some urgent personal work. To support this contention, reference has been made to application (Annexure P/4) which was moved soon thereafter on 7.3.2009 for placing on record the written statement. Heard learned counsel for the petitioners and perused the paper book including the impugned order and application (Annexure P/4). As far as the period prescribed for filing the written statement under Order 8 Rule 1 CPC, is concerned, the same has been held to be directory in nature by judgements of Hon'ble the Supreme Court in Kailash v.Nankhu and others, 2005(2)RCR (Civil) 379(SC); and M/s R.N.Jadi & Brothers and others v. Subhashchandra, 2007(2)RCR (Rent) 139: 2007(3) RCR (Civil) 588: 2007(4) Raj 125 (SC); and of this Court in Surender Singh and others v. Omvati and others, 2005(3) RCR (Civil) 786 (P&H). It has further been held therein that in exceptional circumstances the Court can extend time beyond 90 days for filing written statement so as to avoid injustice being caused to the parties. Keeping in view the aforesaid legal principles, this Court is of the view that the petitioners on account of reasons given in the petition for non-filing of the written statement in time, are entitled to one more opportunity for filing their written statement, as no prejudice is going to be caused to the other side. CR NO.2197/2009 3 Furthermore, keeping in view the nature of the suit, filing of the written statement would be essential for proper adjudication. It is quite settled that the approach of the Courts should be towards final and substantial determination of disputes between the parties, rather than defeating them on hypertechnical grounds. Accordingly, this revision petition is allowed. The impugned order dated 27.2.2009 (Annexure P/2) is set aside and the petitioners-defendants are granted one last opportunity to file their written statement, subject to payment of Rs.10,000/- as costs to be paid to the State Legal Services Authority,Punjab, Chandigarh. Disposed of. 22.4.2009. (Jaswant Singh) joshi Judge