IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.1620/2011 Date of decision: 9.3.2011 Harjit Singh ....................Petitioner v. Gurwinder Kaur .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Gurinderjit Singh,Advocate for the petitioner. Jaswant Singh.J.(Oral) Husband/petitioner has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 3.1.2011 passed by learned Additional District Judge, Ropar wherein in the petition under Section 13 of the Hindu Marriage Act filed by the respondent wife for dissolution of marriage by way of decree of divorce, defence of the petitioner/husband has been struck off. It is submitted that the case was fixed for 3.1.2011 for filing of written statement, however, as the counsel for the petitioner was busy in some other court, he forgot to file the written statement on behalf of the petitioner. It is further submitted that the respondent wife has filed the petition under Section 13 of the Hindu Marriage Act on wrong facts and in case petitioner is not granted opportunity to file his written statement, he will suffer irreparable loss. After hearing the learned counsel and keeping in view the submission made on behalf of the petitioner, I am of the considered opinion that to advance the interest of justice, petitioner/husband should be given one opportunity to file written statement. It is well settled that provisions of Order 8 Rule 1 CPC, which prescribe a period of 90 days for filing of the written statement have been held to be directory in nature by the Hon'ble Supreme Court in Kailash v. Nanhku and others, 2005(2) RCR (Civil)379; by this Court in Surender Singh and others v. Omvati and others,2005(3) RCR (Civil) 786; and Housing Board Haryana v. Suresh and others, 2008(3) RCR (Civil) 865. It has further been held therein that in exceptional circumstances the Court can extend the time beyond 90 days for filing the written statement so as to avoid injustice being caused to the defendant(s). In view of the above stated legal position the impugned order dated 3.1.2011 is set aside and the petitioners/husband is permitted to file his written statement within three weeks from today subject to payment of costs of Rs.10,000/-, to be paid to respondent wife by way of demand draft. This order is being passed without issuing notice to the respondents/wife to avoid unnecessary delay and save her from litigation expenses. Moreover, she is being compensated by way of payment of costs. Petition is allowed in the above terms. 9.3.2011 (Jaswant Singh) joshi Judge