Civil Revision No. 4219 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4219 of 2010 Date of Decision: 9.7.2010 Keshav Kumar Sharma …Petitioner Versus Punjab State Warehousing Corporation and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Deipa Asdhir Dubey, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Vide impugned order dated 17.2.2010 (Annexure P2), the trial Court has stuck off the defence of the petitioner/defendant on the ground that there was an inordinate delay on the part of the defendant in filing of written statement. Learned counsel for the petitioner submits that in the impugned order, it has been wrongly recorded that the petitioner/defendant has caused appearance for the first time on 9.1.2009. Learned counsel has drawn my attention to order dated 9.11.2009 wherein it was recorded that Advocate for the defendant had caused appearance and the case was listed for 8.12.2009. It is further submitted that on 8.12.2009 the case was adjourned to 20.1.2010. But the file was taken up on 19.1.2010 as 20.1.2010 was declared as holiday and on 21.1.2010 the Presiding Officer would be on leave. Civil Revision No. 4219 of 2010 2 Be that as it may, this Court is of the view that fair play and equity demand that an effective opportunity ought to be afforded to the petitioner to defend the suit. However, for causing delay, the plaintiff can be compensated in monetary terms. Hence, impugned order dated 17.2.2010 (Annexure P2) is set aside. The petitioner is fastened with a cost of Rs.5,000/-. On payment of cost, the petitioner shall be permitted to file the written statement, on 22.7.2010, which, as stated, is the next date of hearing before the trial Court, failing which the trial Court will proceed in accordance with law. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge July 9, 2010 “DK”