IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2894 of 2009 (O&M) Date of Decision: 20.5.2009 Amrik Singh and another ....Petitioners Versus Bhoora Singh and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Raman Mohinder, Advocate for the petitioners. RAJESH BINDAL J The challenge in the present petition is to the order dated March 5, 2009 whereby the application filed by the petitioners/plaintiffs under Order 8 Rule 1 CPC for striking off defence of respondents/defendants on account of delay in filing of written statement was dismissed. Learned counsel for the petitioners submitted that some of the defendants were served and the counsel appeared for them on March 2, 2007. Inspite of that the written statement was not filed within the period prescribed in CPC i.e. 90 days. The application filed by the petitioners for striking off defence of 28 defendants for whom the counsel had appeared on March 2, 2007 was wrongly dismissed as on account of non filing of written statement within 90 days, their evidence was liable to be struck off. After hearing learned counsel for the petitioners, I do not find any merit in the submission made. In the suit filed by the petitioners there are 92 defendants. Service of 28 defendants was complete and they were represented by counsel on March 2, 2007. Service of other defendants was completed by way of publication or otherwise only on April 21, 2008. Written statement on behalf of 29 defendants was filed on June 5, 2007 and some of the defendants were proceeded exparte. A perusal of the impugned order shows that service of defendant No. 56 was still not complete as he was reported to have died and his LRs are to be brought on record. Considering the aforesaid fact when service of all the defendants was not even complete, in my opinion, no illegality has been committed by learned Court below in taking on record the written statement filed on behalf of 29 defendants though it was beyond a period of 90 days. Accordingly, the present revision petition is dismissed. (RAJESH BINDAL) 20.5.2009 JUDGE Reema