C.R.No.4262 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4262 of 2009. Decided on: September 18, 2009. Gopal Chand .. Petitioner VERSUS Indira Devi and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Rajesh Gupta, Advocate, for the petitioner. Mr.Ajay Mehra, Advocate, for respondent No.1. M.M.S. BEDI, J. (ORAL) Defendant-petitioner has filed this revision petition, under Article 227 of the Constitution of India, against the order dated 09.09.2008, striking off the defence of the petitioner for having not filed written statement within a period of 90 days, exercising jurisdiction under Order 8 Rule 10 CPC. Counsel for the petitioner has brought to the notice of this Court an order dated 21.01.2009, indicating that an application under Order 7 Rule 11 CPC, filed by the petitioner on 05.09.2003, was decided on 21.01.2009. During the pendency of the application under Order 7 Rule 11 CPC, the defendant's defence has been struck off vide impugned order. . . . 1 C.R.No.4262 of 2009 The judicial propriety demand that the trial Court ought to have decided the application under Order 7 Rule 11 CPC, before striking off the defence of the defendant-petitioner, though there is no statutory bar for the trial Court to strike out the defence. In the interest of justice and propriety, the trial Court ought to have decided the application under Order 7 Rule 11 CPC, expeditiously and then called upon the defendant-petitioner to file written statement. It appears that application under Order 7 Rule 11 CPC, had been kept alive for a period of six years. A litigant cannot be penalized for the fault of the Court. The fact also cannot be ignored that the defendant-petitioner has been able to delay the proceedings and has been able to evade filing of written statement for a long period. The impugned order dated 09.09.2008, is hereby set aside. One opportunity is granted to the defendant-petitioner to file written statement subject to payment of costs of Rs.10,000/-. Parties are directed to appear before the trial Court on 23.09.2009, on which date, the petitioner will be permitted to file written statement on payment of costs. It is made clear that in case costs is not paid, this revision petition will be deemed to have been dismissed. Disposed of. A copy of order be given dasti on payment. (M.M.S.BEDI) JUDGE September 18, 2009. rka . . . 2