IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2560 of 2011 Date of decision: 20.4.2011 Shanti Rani … Petitioner versus Ujagar Singh and another … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. S.R.Hooda, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is defendant No.2 in the suit for declaration filed by the respondent-plaintiff Ujagar Singh. She is aggrieved with order dated 9.2.2011 passed by the Civil Judge(Junior Division), Kurukshetra, by virtue of which her defence has been struck off due to non- filing of written statement despite last opportunity. Heard. Counsel for the petitioner contends that in fact written statement was prepared by defendant's counsel Shri Vivek Saini, Advocate, but could not be filed, as due to inadvertence the claim of the respondent- plaintiff had been admitted and resultantly, the petitioner refused to file written statement. The impugned order also indicates that the other respondent i.e. respondent No.1 is yet to be served. Petitioner prays for one opportunity for filing the written statement. No doubt, the petitioner was some what negligent in filing the written statement well in time but this Court is of the considered view that if an opportunity to file written statement is not afforded to the petitioner, she will certainly suffer an irreparable loss. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. Keeping in view the fact that the dispute between the parties is required to be disposed of on C.R. No. 2560 of 2011 -2- merits and not on the basis of technicalities, this revision petition is allowed, order under challenge is set aside and the trial Court is directed to permit the petitioner to place on record written statement. The order passed is subject to payment of Rs.10,000/- as costs, to be paid by the petitioner to the opposite side in the trial Court at the time of filing written statement. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. The petition stands disposed of accordingly. April 20, 2011 ( ARVIND KUMAR ) JS JUDGE