Civil Revision No. 5933 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5933 of 2007 Date of Decision: August 26, 2009 M/s Kashmir Apiaries Exports and others ......... Petitioners versus M/s Verma Industries .......... Respondent Present:- Shri H.S. Sethi, Advocate for the petitioners. HEMANT GUPTA, J. The challenge in the present petition is to the order passed by the learned trial Court on 01.10.2007 whereby the defence of the defendant- petitioner was struck off for not filing written statement even after imposition of costs. Learned counsel for the petitioners states that earlier ex parte decree was granted against the petitiones which was set aside on 3.9.2007. On 12.9.2007, time was sought by the petitioners for filing reply and the case was adjourned to 26.09.2007. On the adjourned date, since the Accountant of the petitioner was on leave, the petitioners sought another adjournment but the Court fixed 1.10.2007 as the date for filing of written statement subject to payment of Rs.300/- as costs. It is contended that the Court has given three days time for filing of written statement which could not be filed due to the reason beyond the control of the petitioners including Civil Revision No. 5933 of 2007 [2] because of leave of the Accountant of the petitioner firm. The present case was admitted for final hearing on 17.11.2007 and further proceedings were stayed before the learned trial Court. None has put in appearance on behalf of the respondent though served. Keeping in view the fact that short adjournments were given for filing written statement spread over less than a month, I am of the opinion that the order passed by the learned trial Court does not advance the cause of justice. The lis is required to be decided on merits and not on technicalities. In view thereof, the impugned order passed by the learned trial Court is set aside. The petitioner is permitted to file written statement on 05.10.2009 on which date the petitioner shall appear before the learned trial Court. If written statement is not filed on the date fixed, the defence of the defendant-petitioner shall be deemed to be struck off. August 26, 2009 ( HEMANT GUPTA ) ks JUDGE