IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.5725/2008 Date of Decision:9.1.2009. State of Haryana through Collector, Bhiwani and others ..........Petitioners. Versus Pirthi and others ..........Respondents. CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Anil Rathee, Additional Advocate General,Haryana for the petitioners-defendants. Mr.Mani Ram Verma,Advocate for respondents 1 to 7- plaintiffs. JASWANT SINGH,J(Oral). Present revision petition under Article 227 of the Constitution of India has been filed by the petitioners-defendants i.e. State of Haryana and its three officials, praying for setting aside the order dated 20.5.2006 (Annexure P/2) passed by Civil Judge (Junior Division) Siwani, whereby defence of petitioners-defendants has been struck off for not filing the written statement within 90 days; and order dated 1.12.2007 (Annexure P/5),also passed by Civil Judge (Junior Division) Siwani, whereby the application filed by the petitioners-defendants for recalling the order dated 20.5.2006 (Annexure P/2) has been dismissed. Briefly the facts of the case are that respondents-plaintiffs filed Civil Suit No.17/2005 for declaration to the effect that petitioners- defendants have carried out construction of a road over the agricultural land measuring 11 kanals 15 marlas, owned and possessed by the plaintiffs, CR NO.5725/2008 2 without payment of compensation. It is stated that the Government Pleader had put his appearance on behalf of the State on 11.2.2006 and the case was adjourned to 20.5.2006 for filing written statement. The written statement after getting the same vetted was typed and ready for filing on 20.5.2006 after signatures of the Executive Engineer concerned, however, due to the official visit of the Chief Minister of Haryana, the signatory i.e. concerned Executive Engineer remained busy and could not sign the written statement and therefore, it could not be filed on 20.5.2006. After the passing of the impugned order dated 20.5.2006 (Annexure P/2), petitioners-defendants moved an application for recalling of the said order and after filing of the reply by the respondents-plaintiffs the same was also dismissed vide order dated 1.12.2007 (Annexure P/5). Hence the present revision petition. I have heard the learned counsel for the parties and perused the impugned orders. It is not disputed by the learned counsel for the parties that provisions of Order 8 Rule 1 CPC, which prescribe a period of 90 days for filing of the written statement, have been held to be directory in nature by the Hon'ble Supreme Court in Kailash v. Nanhku and others, 2005(2) RCR (Civil)379; by this Court in Surender Singh and others v. Omvati and others,2005(3) RCR (Civil) 786; and Housing Board Haryana v. Suresh and others, 2008(3) RCR (Civil) 865. It has further been held therein that in exceptional circumstances the Court can extend the time beyond 90 days for filing the written statement so as to avoid injustice being caused to the defendant(s). From the pleadings of the case in hand, it is also clear that the CR NO.5725/2008 3 construction of the road over the suit land had been made in the year 1981 and the civil suit was filed by the respondents-plaintiffs in December 2005. The reasons given by the petitioners-defendant State for not filing the written statement in time that (i) the delay in preparation of the written statement occurred due to tracing of old records; and (ii) non-availability of the signatory i.e. the concerned Executive Engineer due to his official duties, resulting in non-filing of the written statement on the date fixed i.e. 20.5.2006, appears to be bona fide and due to administrative exigencies. Moreover, the nature of the dispute between the parties requires that the State should also be given full opportunity to present its case. The approach to be adopted by the Courts must be equitable in character and more so when the interest of the State is involved. Keeping in view the facts and circumstances of the case and the aforesaid position of law, this Court is of the opinion that it would be in the interest of justice, if petitioners-defendants are granted one opportunity to file their written statement. Accordingly, the present revision petition is allowed, impugned orders dated 20.5.2006 (Annexure P/2) and 1.12.2007 (Annexure P/5) are set aside and the petitioners-defendants are granted one opportunity to file their written statement within 15 days from the date of receipt of a certified copy of this order. However, the same shall be subject to payment of costs of Rs.7000/- to be paid to respondents-plaintiffs (Rs.1000/- each). 9.1.2009. (Jaswant Singh) joshi Judge