C.R. No. 1325 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.R. No. 1325 of 2009 Date of decision: March 23,2009 President, Bank of Baroda Coop. House Building Society and another ..Petitioners Versus Avtar Singh ..Respondent Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Ms.Sharmila Sharma , Advocate for the petitioner. ... Rakesh Kumar Garg,J.(Oral) By way of the present revision petition, the petitioners have challenged the order dated 12.12.2008 passed by the Civll Judge (Senior Division), Chandigarh, whereby request of the petitioner granting him an opportunity to file written statement has been rejected and defence of the petitioners for filing of written statement has been struck off. Learned counsel for the petitioner states that provisions of Order 8 Rule 1 are not mandatory. She has further stated that in fact the written statement is ready and the same can be filed,if one opportunity is given and no prejudice shall be caused to the plaintiff-respondent as the case is at the initial stage. Learned counsel has further stated at the bar that on 18.3.2009, the case was fixed for plaintiff's evidence and no evidence was led on that date and thus, the plaintiff-respondent can be compensated by way of costs. After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the present case and in the interest of justice, this revision petition is disposed of with a direction that the defendants shall be permitted to file written statement subject to payment of Rs. 2000/- as costs by C.R. No. 1325 of 2009 2 the trial Court within one week from today. It is however, made clear that in case the petitioner fails to file the written statement or to pay the costs within the aforesaid period, this revision petition shall be deemed to have been dismissed. March 23, 2009 (RAKESH KUMAR GARG) nk JUDGE