CR No. 6539 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6539 of 2008 Decided on :27-11-2008 Banta Singh ....Petitioner VERSUS Sarwan Singh and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.K.Arya, Advocate for the petitioner MAHESH GROVER, J This revision petition is directed against the order dated 11.3.2008 by which the defence of the petitioner has been ordered to be struck off. The petitioner is facing a recovery suit. Despite the fact that five to six months have elapsed since the petitioner had been served and he had appeared before the Trial Court, he chose not to file written statement without any cogent explanation, which resulted in the passing of the impugned order. Learned counsel for the petitioner contends that if one opportunity is granted, he shall file the written statement. After hearing learned counsel for the petitioner and on considering the prayer made before this Court, I am of the considered opinion that the revision petition can be disposed of at this stage without issuance of notice of motion as resorting to this process is likely to delay the proceedings further and also keeping in view the fact that equitable justice can be ensured by compensating the other side with costs. CR No. 6539 of 2008 2 Accordingly, the prayer of the petitioner is accepted. The impugned order is set aside and the petitioner is granted one opportunity to file his written statement, however, subject to payment of Rs. 5,000/- as costs. Written statement shall be filed by the next date of hearing. November 27 , 2008 (Mahesh Grover) rekha Judge