C.R. No.3323 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3323 of 2010 Date of Decision: 6.10.2010 Jagjit Singh and others ……Petitioners VERSUS Hira Singh and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Sherry K. Singla, Advocate for the petitioners. Mr. Binderjit Singh, Advocate for respondent No.1. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 23.2.2010 passed by learned Civil Judge (Jr. Division), Talwandi Sabo, whereby defence of the defendants/peti- tioners herein was directed to be struck off on the ground that defendants No1, and 6 to 10 have not filed written statement. C.R. No.3323 of 2010 -2- 2. Learned Counsel for the defendants/petitioners states that due to non-availability of the Advocate written state- ment could not be filed within time and the same shall be filed within such time as fixed by this Court. 3. The Hon’ble Apex Court in the matter of Kailash Vs. Nanhku and others reported in (2005) 4 Supreme Court Cases 480 has held that provision of Order 8 Rule 1 C.P.C. are not mandatory but directory in nature. The Hon’ble Supreme Court further held that on sufficient cause is being shown the written statement can be ac- cepted by the learned trial Court beyond the 90 days. 4. In the peculiar facts and circumstances of the case, in the interest of justice, I direct that defendants/petitioners shall file written statement within 15 days from today before the learned trial Court. Defendants/petitioners shall pay Rs.5000/- as costs to the plaintiff/respondent on or before the next date fixed before the learned trial Court. How- ever, it is made clear that suit shall be disposed of by the learned trial Court without granting any unnecessary ad- journment to either of the parties. 5. Petition stands disposed of accordingly. ( ALOK SINGH ) 06th October, 2010 JUDGE ashish