IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6459 of 2008 Date of Decision: 4.11.2009 Badri Ram ....Petitioner. Versus Ram Partap and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Sandeep Jasuja, Advocate for the petitioner. AJAY KUMAR MITTAL, J. Defendant No.1-petitioner has approached this Court by way of instant revision petition under Article 227 of the Constitution of India challenging the order dated 30.7.2008 (Annexure P-1) passed by the trial court whereby the defence of the petitioner was struck off on the ground that the written statement had been filed by him late. Learned counsel for the petitioner submitted that defendant No.1 could not file the written statement at earlier point of time due to certain reasons which were beyond his control and that some applications were pending before the trial court for consideration. He, however, prayed that in the interest of justice, the written statement filed by defendant No.1 be taken on record and he be allowed to cross- examine the witnesses of the plaintiff. He further stated that the written statement filed by defendant No.1 was not taken on record whereas the C.R. No. 6459 of 2008 -2- written statement filed by defendant No.2 which was also filed on the same day was taken on record. Notice of motion was issued to the respondents. No one had appeared to oppose the prayer made in the petition in spite of service. After hearing the learned counsel for the petitioner and perusing the record, in the interest of justice, the order dated 30.7.2008 in so far as it declines to condone the delay in filing the written statement by defendant No.1 and also not allowing him to cross- examine the plaintiff's witnesses is set aside. Resultantly, the written statement filed by defendant No.1 shall be taken on record and he will be allowed to cross-examine the witnesses of the plaintiff in accordance with law. Disposed of accordingly. November 4, 2009 (AJAY KUMAR MITTAL) gbs JUDGE