CR No.4656 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.4656 of 2011 Date of Decision: 16 - 8 - 2011 Rajbir Singh ....Petitioner v. Punjab & Sind Bank ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.N.Lohan, Advocate for the petitioner. Ms.Adarshpal Kaur, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been filed against the impugned order dated 9.2.2011, Annexure P2, whereby the trial Court had struck off the defence of petitioner-defendant No.1 on the ground that the written statement was not filed by him within the statutory period of 90 days. Mr.Lohan, learned counsel for the petitioner states that he will file the written statement on or before 12.9.2011 i.e. the next date of hearing fixed in the trial Court. Ms.Adarshpal Kaur, learned counsel for the respondent has stated that earlier the petitioner was proceeded against ex parte. Thereafter CR No.4656 of 2011 [2] the ex parte order was set aside and there was a sufficient time for the petitioner to file the written statement. She states that as defence of the petitioner was struck off, petitioner-defendant is guilty of causing delay in the proceedings. Mr.Lohan states that plaintiff-respondent can be compensated in monetary terms for the alleged delay on his part. Counsel for the parties have agreed that Rs.5,000/- as costs is just and appropriate in the facts of the present case. After hearing counsel for the parties, this Court is of the view that fair play and balance of equities demand that one opportunity can be granted to the petitioner to file the written statement. Hence, the present revision petition is allowed. The impugned order dated 9.2.2011, Annexure P2, is set aside. One opportunity is afforded to the petitioner-defendant to file the written statement on or before 12.9.2011, subject to payment of Rs.5,000/- as costs. ( KANWALJIT SINGH AHLUWALIA ) August 16, 2011. JUDGE RC