Civil Revision No. 2195 of 2010 [1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2195 of 2010 (O&M) Date of decision: 1.4.2010 Sukhdev Singh @ Satnam Singh and another .. Petitioners v. Man Mohan Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. P. Soi, Advocate for the petitioners. .. Rajesh Bindal J. In the present petition, the challenge is to the order dated 4.2.2010, passed by the learned court below, whereby on account of non-filing of written statement by the petitioners-defendants, their defence was struck off. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent, as the same would unnecessarily delay not only the disposal of the present petition but the suit as well. Learned counsel for the petitioners submitted that written statement could not be filed on the date fixed for the reason that the petitioners are residents of England and Australia and it took much time to seek instructions for preparing the written statement. The defence of the petitioners was struck off on 4.2.2010 by the learned court below on technical ground that 90 days had already elapsed after their service. He further submitted that no effective proceedings have taken place after the passing of the impugned order. After hearing learned counsel for the petitioners, I find merit in the contention raised by him. Considering the fact that the lis is between the brothers, the petitioners are permitted to file written statement before the court below on or before 20.4.2010. On the date of filing of written statement, the learned court below shall frame or re-frame the issues keeping in view the stand of the petitioners in the written statement to be filed. The evidence of the respondent- plaintiff shall be led on the date already fixed by the learned court below, i.e., 27.5.2010. However, the same shall be subject to payment of Rs. 20,000/- as costs to the respondent. The costs shall be paid on the date when the written statement is filed. Civil Revision No. 2195 of 2010 [2 The petition stands disposed of. Copy of the order be given Dasti to the counsel for the petitioners on payment of usual charges. (Rajesh Bindal) Judge 1.4.2010 mk