1 C.R. No. 4280 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH --- Civil Revision No. 4280 of 2009 Date of Decision: 31.7.2009 Angrezo Devi and others --- Petitioners Versus Chhattar Singh and others --- Respondents CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- PRESENT: Mr. Ajay Jain, Advocate for the petitioners. --- AJAY KUMAR MITTAL, J. In this petition filed under Article 227 of the Constitution of India, the prayer is for setting aside the order dated 17.7.2009 passed by the Additional Civil Judge (Senior Division) Hisar whereby the defence of the petitioners was struck off on the ground that they did not file their written statement within ninety days. Learned counsel appearing for the petitioners submitted that the written statement was in the process of being finalized on the date when the defence of the petitioner was struck off, and the written statement which the petitioners sought to file is ready, a copy whereof has been annexed to this petition as Annexure P-1. The counsel submitted that if the permission is 2 C.R. No. 4280 of 2009 granted by this Court, the written statement shall be furnished in the trial court on the date already fixed in the suit, i.e. on 7.9.2009. The counsel, thus, made an emphatic prayer that in the interest of justice, the petitioners may be granted only one opportunity to enable them to file their written statement on the date aforesaid. Ordinarily, I would have issued notice of motion to the respondents but as the issuance of the notice would prolong the case and entail unnecessary expenses to them, the petition is being disposed of without resorting to that course. After hearing learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is satisfied that in the interest of justice, the petitioners deserve to be granted one opportunity to file their written statement. Accordingly, the revision petition is disposed of by permitting the petitioners to furnish/place on record their written statement to the suit on 7.9.2009, the date already fixed in the suit. If, however, for some reason the suit is not taken up on 7.9.2009, the written statement shall be permitted to be placed on record on the next date when the suit is taken up for hearing. The filing of the written statement is subject to payment of Rs. 2,000/- as costs payable to the plaintiffs. It is made clear that in case the petitioners fail to either furnish the written statement or pay the costs as ordered herein, the present revision petition shall 3 C.R. No. 4280 of 2009 be deemed to have been automatically dismissed without further reference to the Court. (AJAY KUMAR MITTAL) July 31, 2009 JUDGE *RKMALIK*