In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 2161 of 2009 Date of decision: April 21, 2009 N.K. Sharma Enterprises Pvt. Limited and another .. Petitioners Vs. Harinderjit Kaur @ Harvinder Kaur and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. J.S. Gurna, Advocate for the petitioners. A.N. Jindal, J This is a petition under Article 227 of the Constitution of India for setting aside the order dated 18.3.2009 passed by the Additional Civil Judge (Sr. Division), Dera Bassi, whereby the defence of the petitioners- defendants was struck off. The defence was struck off when the case was fixed for plaintiff's evidence. The Court at that time did not bother to see if plaintiff was also to file reply to the counter claim set up by the defendants. The provisions of Order 8 Rule 1 of the Code are not subservient to the course of administration of justice and the same could be relaxed in order to provide complete justice and opportunity to both the parties to contest the suit. In any case, the plaintiff could be compensated with costs. The impugned order further reveals that the court did not proceed to record evidence on that day but adjourned the case for immaterial hearing for 25.4.2009. Under these circumstances, the instant petition is allowed, the impugned order dated 18.3.2009 is set aside and the trial court is directed to bring on record written statement and invite reply to the counter claim also, subject to payment of Rs.1000/- as costs. April 21, 2009 (A.N. Jindal) deepak Judge