Civil Revision No.5383 of 2009 (O&M) - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.5383 of 2009 (O&M) DATE OF DECISION: 17.09.2009 **** Suraj Bhan Chauhan . . . . Petitioner VS. Ram Avtar and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. R.S. Athwal, Advocate for the petitioner **** SURYA KANT J.(ORAL) This Revision Petition is directed by the plaintiff against the order dated 02.06.2009 passed by the Additional Civil Judge (Senior Division), Faridabad, dismissing his application to strike off the defence of respondent-defendants, on the ground that no written statement was filed for 11 months. It may be noticed here that the learned trial Court has allowed the respondent/defendants to file their written statement subject to payment of costs of Rs.500/- to the petitioner. Learned counsel for the petitioner-plaintiff, during the course of hearing states that the respondents have already filed the written statement. Having heard learned counsel for the petitioner and keeping in view the amended provisions of the Code of Civil Procedure meant to achieve the object of speedy trial and in the light of the principles laid down by their Lordships of the Supreme Court in Salem Advocate Bar Association, Tamil Nadu vs. Union of India, 2005(3) RCR (Civil) 530 and in Kailash vs. Nanhku and others, AIR 2005 Supreme Court 2441 there can indeed be no doubt that time to file the written statement should be extended by the Civil Court in exceptional circumstances only. However, it is equally well settled that the procedural law is hand-maid of justice and synonymous to advance the cause of fair and just trial. Once the trial Court has exercised its jurisdiction and granted last opportunity Civil Revision No.5383 of 2009 (O&M) - 2 - to the defendants to file written statement subject to payment of costs, it would not be appropriate for this Court to interfere with the said order. Dismissed. (SURYA KANT) JUDGE 17.09.2009 shonkar