IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.812 of 2008 Date of Decision:- 08.02.2008 Haryana Vidyut Prasaran Nigam Limited & ors. ....Petitioner(s) through Mr.S.K.Hooda, Advocate vs. Shri Chand ....Respondent(s) *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This order shall dispose of C.R.Nos.812 and 813 of 2008 as common questions of law and facts are involved. The petitioner-Haryana Vidyut Prasaran Nigam Ltd. is aggrieved at the orders dated 8.9.2007 passed by the learned Civil Judge (Sr.Division), Gurgaon, whereby upon its failure to file written statement within 90 days, its defence has been struck off under Order 8 Rule 10 CPC. It is contended on behalf of the petitioner that the written statement is ready, however, the same could not be filed within 90 days due to some pre-requisite official formalities. He further submits that if one opportunity is granted, the petitioner is ready and willing to file its written statement. In view of the nature of relief sought in this petition, I do not deem it necessary to issue notice of motion as no prejudice shall be caused C.R. No.812 of 2008 -2- to the respondent-plaintiff more so when the case can still be taken up for plaintiff's evidence on 26.4.2008 i.e. the date fixed for the said purpose. Besides, the respondent-plaintiff can be compensated with costs also. Having heard learned counsel for the petitioner, this revision petition is allowed, the impugned order dated 8.9.2007 is partly set aside to the extent that the petitioner may file its written statement on or before 23.2.2008 with an advance copy to learned counsel for the plaintiff, however, subject to further condition that the petitioner shall also pay costs of Rs.2500/- to the respondent-plaintiff. The respondent-plaintiff, if so advised, may file his rejoinder within a reasonable time which may be granted by the learned trial Court and thereafter let the case be taken up on the date already fixed for the plaintiff's evidence. Disposed of. Copy of the order be given Dasti on payment of usual charges. February 08, 2008 ( SURYA KANT ) poonam JUDGE