C.R.No.6623 of 2006 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R.No.6623 of 2006 Date of Decision : 20.08.2007 Gurpreet Kaur .....Petitioner versus Amarjit Singh .....Respondent CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Harsh Bunger, Advocate for the petitioner. -.- ORDER HEMANT GUPTA, J. (Oral) The challenge in the present revision petition is to the order dated 13.10.2006, passed by the learned trial Court, whereby defence of the defendant-petitioner was struck off for not filing the written statement and the order dated 4.11.2006, whereby the application of the defendant- petitioner for permission to file written statement was declined. The petitioner-wife was served in the petition for dissolution of marriage on 14.9.2006. The learned trial Court passed an order of striking off defence of the defendant-petitioner on 13.10.2006 as the period for filing of the written statement expired. On 27.10.2006, the defendant- petitioner moved an application for permission to file written statement, alongwith the written statement, but the same was declined by the learned trial Court on 4.11.2006 stating that no grounds are made out to extend the period. C.R.No.6623 of 2006 2 It has been held by the Hon'ble Supreme Court of India in case “Shaikh Salim Haji Abdul Khayaumsab versus Kumar and others, 2006 (1) S.C.C.-46”, that the time fixed for filing of the written statement is procedural law and that the Court has the jurisdiction to extend the time in appropriate cases. In view of the above principle, the order passed by the learned trial Court striking off the defence of the defendant-petitioner for non filing of the written statement suffers from patent illegality and irregularity. The provisions of Order 8, Rule 1 of the Code of Civil Procedure are not mandatory. Being directory provisions, the Court has the jurisdiction to grant time for filing of the written statement. The petition for dissolution of marriage is such which requires an effort by the Court to honour the institution of the marriage. Consequently, the present revision petition is allowed. The orders passed by the learned trial Court dated 13.10.2006 and 4.11.2006 are set aside. The written statement filed by the defendant- petitioner is permitted to be taken on record. Petitioner through her counsel is directed to appear before the learned trial Court on 28.9.2007 for further proceedings, in accordance with law. 20-08-2007 (HEMANT GUPTA) *mohinder JUDGE