IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2810 of 2011 Date of decision: 29.4.2011 M/s Hans Rice Mills through its Partner Ramesh Kumar … Petitioner versus Pb.State Civil Supplies Corp. Ltd. And others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Dheeraj Mahajan, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is one of the defendants in the suit for recovery filed by the respondent-Corporation. He is aggrieved with order dated 25.2.2011 passed by the Civil Judge(Senior Division), Gurdaspur, by virtue of which his defence has been struck off due to non- filing of written statement despite last opportunity. Heard. Counsel for the petitioner contends that the written statement could not be filed in time by the petitioner since his counsel in the trial Court had wrongly told him that the written statement is to be filed on getting a copy of the plaint which he was told, had been applied for. It is only later on that the petitioner came to know from one of the employees of the respondent-corporation about the passing of the impugned order and immediately thereafter, the petitioner changed the counsel and engaged a new counsel. In this situation, petitioner prays for one opportunity for filing the written statement. No doubt, the petitioner was some what negligent in filing the written statement well in time but this Court is of the considered view that if an opportunity to file written statement is not afforded to the petitioner, he will certainly suffer an irreparable loss. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. Keeping in view the fact that the dispute between the parties is required to be disposed of on C.R. No. 2810 of 2011 -2- merits and not on the basis of technicalities, this revision petition is allowed, order under challenge is set aside and the trial Court is directed to permit the petitioner to place on record written statement. The order passed is subject to payment of Rs.10,000/- as costs, to be paid by the petitioner to the opposite side in the trial Court at the time of filing written statement. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. The petition stands disposed of accordingly. April 29, 2011 ( ARVIND KUMAR ) JS JUDGE