CR No.1380 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.1380 of 2009 Date of decision March 16, 2009 Har Dayal and others ....... Petitioner Versus Kesar Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Rakesh Kumar Sharma, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. By an order dated 24.12.2008 this Court was pleased to give a last opportunity to defendant Nos. 1 to 3 to file the written statement subject to payment of Rs.5,000/- as costs. Written statement was directed to be filed within two weeks from the date of passing of the order on 24.12.2008, which should have fallen on 7.1.2009. Admittedly, the written statement was not filed within the time granted. 2. The learned counsel appearing for the petitioner submits that the case had already been posted to 13.2.2009 even before this Court had passed an order on 24.12.2008 and the defendant Nos. 1 to 3 were under the bona fide impression that the statement could be filed only on the date when the case was posted. On 13.2.2009 when the statement was sought to be filed along with Rs.5,000/- as cost the Court had disallowed the request stating that the period of two weeks' time granted had already expired and there was no scope for permitting the defendants to file the written statement beyond that time. CR No.1380 of 2009 2 3. Though, the order of the Court below is fully justified under the circumstances, but I still think that in the interest of justice, the petitioner could be granted one more opportunity for what according to them was done by a wrong understanding that the written statement could be filed only on the date of hearing of the case. 4. I am informed that the case is now posted for 27.4.2009 for settlement of issues. The order of the Court below is set aside. The written statement is directed to be filed on 27.4.2009 on payment of Rs.5,000/- already awarded by this Court on 24.12.2008 and an additional sum of Rs.2,500/- as costs. If the amount as directed is not paid, the order dated 24.12.2008 already passed which is impugned in the revision petition shall stand confirmed. 5. The revision petition is disposed of on the above terms. (K. KANNAN) JUDGE March 16, 2009 archana