IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5478 of 2008(O&M) Date of Decision 22.12.2009 Saurabh Thapar ...... Petitioner VERSUS Smt.Babli Ahuja ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.R.C.Dogra, Senior Advocate with Mr.Deepak Kapoor, Advocate, for the petitioner. Mr.R.S.Madan, Advocate, for the respondent. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 13.09.2008, passed by Civil Judge (Senior Division), Panchkula, striking of the defence of the petitioner-defendant. Learned counsel for the petitioner submits that only one opportunity was provided to him to file the written statement and for certain reasons, he could not file the same. Heard. The defence of the petitioner could not be struck off merely for the reasons that he could not file the written statement on one date. However, rights of the respondent could be safeguarded by directing the petitioner to make payment of arrears of rent in due course. At the same time, it would be appropriate to hold that the Court fell in error in framing the issues in the absence of the pleadings and without finding if the parties were at variance. Thus, the impugned order, being illegal, deserves interference by this Court. Resultantly, this petition is accepted; impugned order is set aside and the petitioner would be at liberty to file written statement on the next date of hearing, subject to payment of Rs.10,000/- as costs, however, with condition that he would make the payment of entire arrears of rent on the said date. (A.N.Jindal) Judge 22.12.2009 mamta-II