Civil Revision No. 2128 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2128 of 2009 Date of Decision: August 10, 2009 Narender Kumar and another ......... Petitioners versus Sanjay Arora and another .......... Respondents Present:- Shri Manoj Kumar, Advocate for the petitioners. Shri Sanjay Kaushal, Advocate for the respondents HEMANT GUPTA, J. The challenge in the present revision is to the order dated 02.03.2009 whereby the defence of defendants No.1 and 2 was struck off for not filing written statement. Learned counsel for petitioners contents that though written statement could not be filed within 90 days as contemplated under Order 8 Rule 1 of the Code of Civil Procedure, 1908 but such delay was on account of mistake in noticing the date fixed before the learned trial Court. Learned counsel for the petitioners states that now the case is fixed for 18th August, 2009 for evidence and that if one opportunity is granted, defendants No.1 and 2 shall file written statement on the aforesaid date and for the delay the defendants shall compensate the plaintiff with costs. I have heard learned counsel for the parties. Though delay in filing of written statement is not satisfactorily explained but keeping in view Civil Revision No. 2128 of 2009 [2] the fact that the matter should be decided on merit rather than on technical ground, I deem it appropriate to grant one opportunity to defendants No.1 and 2 to file their written statement on the date fixed i.e. 18th August, 2009 subject to payment of Rs.10,000/- as costs. If written statement is filed on the aforesaid date and costs paid, the learned trial Court shall frame issues on the said date and proceed to record the evidence of the plaintiff on that date itself. If, however, the defendants fail to file their written statement or to pay the costs, evidence of the plaintiff shall be recorded ex parte as the defendants evidence is struck off. With the aforesaid directions, present revision petition stands disposed of. A copy of the order be given to the parties dasti under the signatures of Special Secretary of this Court. August 10, 2009 ( HEMANT GUPTA ) ks JUDGE