IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 280 of 2005
Date of decision : May 12, 2009
Rekha
Petitioner
Versus
Bimla Devi
Respondent
CORAM : HON'BLE MR. JUSTICE A.N. JINDAL
Present: None
A.N. JINDAL, J. (ORAL)
The respondents could not be served as such their
service is dispensed with for the time being. The trial Court vide
impugned order dated 1.11.2003 has refused the defendant to
entertain the written statement having been filed after stipulated
period of 90 days from the date of the service of notice upon him.
Respondent was served through Munadi and he put in
appearance on 13.11.2002 and was to file the written statement by
5.1.2003. However, application filed by him on 19.5.2003 for
entertaining the written statement was declined on 1.11.2003. The
defendant has duly explained for non filing the written statement in
time. Anyway his claim could not be thrown away on account of
delay in filing written statement, however, inconvenience caused to
the plaintiff could be compensated with costs.
Consequently, this petition is accepted, the impugned
order is set aside and it is directed that now written statement would
be filed by the defendant subject to payment of Rs. 2000/- as costs.
This order is passed in the absence of the respondent in
order to avoid inconvenience which may be suffered by her to travel
C.R. No. 280 of 2005 2
a long journey from Ferozepur to Chandigarh and to avoid
unnecessary harassment.
(A.N.JINDAL)
12.05.2009 JUDGE
reena