C.R.No.2118 of 2010 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.2118 of 2010 Date of decision:18.5.2010 Harbans Singh and another ...Petitioners vs Manjit Singh and another ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Malkeet Singh, Advocate, for the petitioners. Mr.Gaurav Mohunta, Advocate, for the respondents. -- Rakesh Kumar Garg,J.(Oral) This is defendants' revision petition challenging the impugned order dated 21.1.2010 whereby the defence of the petitioners has been ordered to be struck of for not filing the written statement within prescribed period. Challenging the aforesaid order it has been vehemently argued by the learned counsel for the petitioners that the provision of Order 8 rule 1 of the Code of Civil Procedure are directory in nature and the Court has the power to allow the written statement to be taken on record, even after expiry of prescribed time limit. On the other hand, learned counsel for the respondents has supported the impugned order. I have heard the learned counsel for the parties. A perusal of the provisions of Order 8 rule 1 of the Code of Civil Procedure would show that where any party fails to file a written statement within the time C.R.No.2118 of 2010 2 permitted the Court can make such an order in relation to the suit as it thinks fit. Thus, a discretion has been given to the Court to pass an appropriate order. The provisions of order 8 rule 1 of the Code of Civil Procedure, have been held to be directory in nature by the Hon'ble Supreme Court of India in the case of Salem Advocate Bar Association, Tamil Nadu v. Union of India and others, 2005(3)RCR (Civil) 530 (SC). Moreover, the suit is at the preliminary stage and no prejudice is going to be caused to the respondents. The respondents can be compensated by costs. In the aforesaid view of the matter, this revision petition is allowed, the impugned order is set aside and the petitioners are allowed to file written statement subject to payment of costs which are assessed at Rs.5000/-. The petitioners shall file the written statement on or before the next date of hearing fixed in the suit. No further opportunity shall be granted. The filing of the written statement shall be subject to the payment of costs as aforesaid. ( Rakesh Kumar Garg) Judge May 18, 2010 rk