C.R. No.950 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.950 of 2008 Date of Decision: 15.2.2008 M/s Rohan Rajdeep Toways Ltd. and others .....Petitioners Vs. Kiran Bala and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Sugreev Kapoor, Advocate for the petitioners. ... RAJIVE BHALLA, J (Oral) The petitioners, impugn an order dated 10.1.2008, passed by the Civil Judge (Senior Division), Anandpur Sahib, whereby, the petitioners defence has been struck off, for failure to file written statement within 90 days. Counsel for the petitioners submits that only one opportunity was granted for filing of written statement and thereafter, the evidence was struck off. I have heard learned counsel for the petitioners and perused the impugned order. The provisions of the Code of Civil Procedure, that require the filing of written statement within 90 days are directory. The learned trial Court, under an impression that the said provisions are mandatory, has struck of the petitioners defence arbitrarily. In this view of the matter, the revision is allowed and the order C.R. No.950 of 2008 2 dated 10.1.2008 is set aside. The petitioners are granted one opportunity to file written statement, subject to payment of Rs.2500/- as costs. Notice to the respondents is dispensed with, as it would otherwise cause unnecessary delay and expense. Even otherwise, the respondents are being compensated with costs. 15.2.2008 ( RAJIVE BHALLA ) GS JUDGE