Civil Revision No.595 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.595 of 2009 Date of Decision:27.04.2009 Dharam Bir & anr. ....petitioners Versus Madhuri Devi & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Sandeep Chhabra,Advocate for Mr.S.S.Ghanghas, Advocate for the petitioners Mr.Neeraj Khanna, Advocate for Mr.Ravinder Arora, Advocate for respondent No.5. **** RAKESH KUMAR GARG J. Petitioners(respondents in MACT case titled as “Madhuri Devi & Ors.versus Dharam Bir & Ors.” pending in the Court of Motor Accident Claims Tribunal, Chandigarh) have challenged the order dated 08.08.2008 whereby their defence was struck off for not filing the written statement within the prescribed period of 90 days as provided under Order 8 Rule 1 CPC. In support of his case, the petitioner has argued that the written statement could not be filed by the petitioners because of the reasons which were beyond their control as they were struck in Jammu and Kashmir with the truck. It has been further argued that the provisions of law are made for administration of justice and they should be construed liberally. Learned counsel for the petitioners has further argued that the provisions of Order 8 Rule 1 have been held to be directory in nature. Despite notice respondents(claimants)have not put in appearance. Civil Revision No.595 of 2009 2 I have heard learned counsel for the parties. It could not be disputed that the case before the Tribunal is at the initial stage and the respondents can be very well compensated by way of costs. Keeping in view the aforesaid facts of the case, I deem it appropriate to grant one opportunity to the petitioners to file their written statement which shall be filed within three weeks from today subject to payment of costs which are assessed at Rs.1000/-. It is made clear that no further opportunity shall be granted to the petitioners. Revision disposed of. (RAKESH KUMAR GARG) JUDGE 27.04.2009 neenu