CR No.2932/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.2932/2011 Date of decision: 04.05.2011. Sanjiv Kumar ....................Petitioner v. Ranjiv Kumar .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.SK Singla,Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/defendant has filed the instant revision petition under Article 227 of the Constitution against the order dated 14.2.2011 passed by learned Civil Judge (Junior Division) Patiala, whereby the defence of the petitioner has been struck off since he failed to file the written statement within stipulated period of 30 days from the date of service of summons. It is submitted by the learned counsel for the petitioner that the real brother of the petitioner had filed a suit for declaration claiming ½ share by way of separate possession in ancestral residential house. In the said suit petitioner appeared for the first time on 30.10.2010 and the next date for filing of written statement was fixed as 23.12.2010. However, since there were talks going on for a CR No.2932/2011 2 compromise, initiated by elders of the family, the petitioner/defendant could not file reply within the stipulated period. It is contended that filing of the written statement in the facts of the case is essential for proper adjudication of the suit and non-filing of the written statement within stipulated period of 30 days for the reasons stated above was bonafide. Reliance has been placed on Kailash v. Nankhu and others 2005(4) SCC 480 and Shaik Salim Haji Abdul Khyamsab v. Kumar and others 2006(1) SCC 46, to contend that the time limit of 30 days as prescribed under Order 8 Rule 1 CPC is directory in nature being in the realm of procedural law. Hon'ble Supreme Court in both the cited cases has held that though obligation is cast on the defendants to file their written statement within the stipulated period, however, in the endeavour to expedite the hearing and disposal of the suits, the interests of defendants should not be sacrificed by denying them a right to put up their defence. In given cases on payment of compensatory costs and to meet the ends of justice, the Courts have the power to grant extension of time for filing the written statement. After giving my thoughtful consideration to the facts noticed above and the ratio of the cited judgments, I deem it expedient in the interest of justice to grant the petitioner/defendant one last opportunity to file the written statement within two weeks from today. This shall,however, be subject to payment of costs which are assessed at Rs.5000/-. CR No.2932/2011 3 Accordingly, present revision petition is allowed, the impugned order dated 14.2.2011 is set aside and the petitioner is granted one last opportunity to file written statement within two weeks from today. This is subject to payment of Rs.5000/- as costs payable to respondent/plaintiff by way of demand draft. This order is being passed without issuing notice to the respondent/plaintiff to avoid unnecessary expenses and delay in the matter as also the fact that the respondent is being compensated by payment of costs. 04.05.2011 (Jaswant Singh) joshi Judge