IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4380 of 2011 Date of decision: 21.7.2011 Ranbir Singh and another … Petitioners versus Mohinder Singh … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Kuldeep Ghuman, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioners are the defendants in the suit for declaration titled Mohinder Singh v. Ranbir Singh and others. The defendants did not file written statement despite numerous opportunities including last opportunity. Their defence has been struck off vide order dated 16.4.2011 passed by the Additional Civil Judge(Senior Division), Mohali. Hence, this revision. Heard. Counsel for the petitioners contends that the written statement could not be filed in time by the petitioners since they were out of station owing to some personal difficulties and due to their non-availability, their counsel could not file the written statement. In this situation, petitioners pray for one opportunity for filing the written statement. No doubt, the petitioners were some what negligent in filing the written statement well in time but this Court is of the considered view that if an opportunity to file written statement is not afforded to the petitioners, they will certainly suffer an irreparable loss. By doing so, no prejudice would be caused to the plaintiff who can well be compensated with costs. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. Accordingly, this revision petition C.R. No. 4380 of 2011 -2- is allowed and the order under challenge is set aside. The trial Court is directed to afford one opportunity to the petitioners to file their written statement. The order passed is, however, subject to payment of costs of Rs.5,000/- to be paid by the petitioners to the opposite side. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondent is summoned to contest this litigation, he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same. The petition stands disposed of accordingly. July 21, 2011 ( ARVIND KUMAR ) JS JUDGE