CR No.7399/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7399/2011(O&M) Date of decision: 01.12.2011. Lt. Col. J.P.S. Nakai ....................Petitioner v. Jasjeet Kaur & Ors .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr. Navdeep Chabbra, Advocate for the petitioner. Jaswant Singh.J.(Oral) Petitioner/defendant no.1 in the present revision petition under Article 227 of the Constitution has assailed the order dated 20.10.2011 (P1) whereby his defence was struck off. It is submitted that the plaintiff/respondent no.1 filed a suit for declaration on 23.11.2010. The petitioner put in his appearance on 17.01.2011 and the case was adjourned to 21.02.2011 for filing written statement on behalf of the petitioner/defendant no.1 as well as for presence of defendant nos.2 to 5. It is further submitted that thereafter the case was adjourned to 20.04.2011, 04.05.2011, 01.06.2011, 25.07.2011, 27.08.2011, 24.09.2011 and lastly on 20.10.2011 when the impugned order came to be passed. It is submitted that though the petitioner has availed sufficient opportunities but the fact of the matter is that respondents/defendants no.2 to 5 have not yet put in their appearance. It is further submitted that the failure on the part of the petitioner to file written statement on 20.10.2011 has been bonafide as CR No.7399/2011(O&M) 2 the counsel for the petitioner/defendant no.1 inadvertently noted down the date as 20.11.2011 instead of 20.10.2011. In support thereof true copy of diary of Counsel for the petitioner as well as affidavit of the Counsel is annexed as Annexure P-2 & P-3. As regards the previous dates it is submitted that during the period from 12.08.2011 to 7.10.2011 the petitioner was abroad to visit his ailing relative and as such could not sign the written statement. In these circumstances it is prayed that one last opportunity be granted to petitioner to file his written statement. After hearing learned Counsel for the petitioner, though I found no illegality in the impugned order but keeping in view the stated bonafide mistake on the part of the Counsel for the petitioner coupled with the fact that remaining respondents are yet to put in their appearance, in my opinion it would be expedient in the interest of justice to grant one last opportunity to the petitioner to file written statement within one week from the date of receipt of certified copy of this order. This shall however be subject to payment of costs of Rs.2,000/- payable to respondent no.1 Jasjeet Kaur Grewal by way of demand draft, besides payment of Rs.1000/- to State Legal Services Authority, Punjab Fatehgarh Sahib branch. Payment of costs shall be condition precedent for filing the written statement. Disposed of in above terms. 01.12.2011 (Jaswant Singh) joshi Judge