1 C.R. No. 4356 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. --- Civil Revision No. 4356 of 2009 Date of Decision: 4.8.2009 Rajesh Devi --- Petitioner Versus Sita Ram and others --- Respondents CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL --- PRESENT: Mr. Rao D.S. Nirban, Advocate for the petitioner. --- 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 15.4.2009 passed by the Additional Civil Judge (Senior Division) Narnaul, whereby the defence of the defendant-petitioner was struck off on the ground that she did not file the written statement within ninety days. Learned counsel appearing for the petitioner submitted that on 15.4.2009, the counsel appearing for the defendant-petitioner in the trial court had to go out of station due to some domestic exigency. Consequently, the proxy counsel requested for adjournment, but the trial court declined to grant adjournment and passed the impugned order. The counsel, thus, made an emphatic 2 C.R. No. 4356 of 2009 prayer that in the interest of justice the petitioner may be granted only one opportunity to enable her to file the written statement on the date fixed in the civil suit, i.e. 11.8.2009. 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 petitioner and having regard to the facts and circumstances of the case, this Court is satisfied that in the interest of justice, the petitioner deserves to be granted one opportunity to file her written statement. Accordingly, the revision petition is disposed of by permitting the petitioner to furnish/place on record her written statement to the suit on 11.8.2009, the date already fixed in the suit. If, however, for some reason the case is not taken up on 11.8.2009, 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 petitioner fails to either furnish the written statement or pay the costs, as ordered herein, the present revision petition shall be deemed to have been automatically dismissed without further reference to the Court. (AJAY KUMAR MITTAL) August 4, 2009 JUDGE *RKMALIK* 3 C.R. No. 4356 of 2009