Bhalla Ram vs M/S Sawan Traders (India) on 5 March, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                            CR No.1230 of 2009
                                            Date of decision: 5.3.2009

Bhalla Ram                                        ......Petitioner

                               Versus

M/s Sawan Traders (India)                         ......Respondent

CORAM:- HON’BLE MR. JUSTICE RAKESH KUMAR GARG

* * *

Present: Mr. Raj Kapoor Malik, Advocate for the petitioner.

* * *

Rakesh Kumar Garg, J.(Oral)

This revision petition has been filed by the defendant

challenging order dated 5.2.2009 passed by the Civil Judge (Sr. Division)

Kaithal, whereby the request of the petitioner granting him further

adjournment to file written statement has been rejected and resultantly, his

defence has been struck off.

In this case, the petitioner put in appearance on 6.11.2008 and

thereafter, he moved an application for supplying him copy of the statement

of accounts which was supplied to him on 5.2.2009 itself. In these

circumstances, the petitioner had sought some more time to file the written

statement. However, the trial Court found that the petitioner had tried to

avoid service upon him and there was no justification for granting him

adjournment as there was sufficient material on record to file written

statement.

I have heard learned counsel for the petitioner.

It is well settled that the provisions of Order 8 rule 1 of the

CPC do not specifically take away the power of the Court to take written

statement on record filed beyond the fixed period of 90 days and the

Court can accept written statement even after the aforesaid stipulated
CR No.1230 of 2009 -2-

period.

Thus, without going into the merits of the petition, in the

interest of justice, I feel it appropriate that one more opportunity should be

granted to the petitioner to file written statement subject to payment of

Rs.2,000/- as costs. Thus, order striking off his defence is set aside. The

petitioner shall file his written statement on or before 23.3.2009. It is made

clear that the payment of costs shall be condition precedent for allowing the

petitioner to file the written statement. It is also made clear that the

petitioner shall not ask for any other document at this stage so as to enable

him to file the written statement.

The revision petition is disposed of.

March 5, 2009                             (RAKESH KUMAR GARG)
ps                                               JUDGE