IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.45 of 2008 Date of Decision: 22.1.2008 Krishan Kumar .....Petitioner Vs. Jai Pal and another ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Parmod Parmar, Advocate for respondent no.1 ... RAJIVE BHALLA, J (Oral) Prayer in this revision is, for setting aside the impugned order dated 24.10.2007, passed by the Civil Judge (Senior Division), Jhajjar, striking of the petitioner's defence. Heard counsel for the parties. A perusal of the impugned order discloses that the petitioner's defence has been struck off under Order 8 Rule 1 of the CPC for non filing of the written statement. The aforementioned provision is directory. Service was effected on the defendants son on 30.8.2007 and his defence was struck off on 24.10.2007. Though the petitioner may have been negligent in filing his written statement, I am of the considered opinion that the interest of justice would be served, if an opportunity is granted to the petitioner, to file a written statement, subject to payment of costs. Consequently, the order dated 24.10.2007 is set aside and the petitioner is granted one opportunity, to file his written statement on 5.2.2008, subject to payment of costs of Rs.5,000/-. 22.1.2008 ( RAJIVE BHALLA ) GS JUDGE