C.R. No. 4704 of 2009 1
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
C.R. No. 4704 of 2009
Date of Decision : 20.8.2009
Om Parkash & others
.......... Petitioners
Versus
Murari Lal & others
...... Respondents
CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr. R.D. Yadav, Advocate
for the petitioners.
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VINOD K. SHARMA, J. (ORAL)
This revision petition is directed against the order dated
11.8.2009, passed by the learned Civil Judge ( Sr.Divn.), Rewari striking
out the defence of the petitioners, for not filing the written statement within
the period of 90 days as stipulated under Order 8 Rule 1 of the Code of
Civil Procedure.
The learned counsel for the petitioners contends, that in the
interest of justice the petitioners be granted one last opportunity for filing
written statement on payment of costs.
The learned trial Court has ordered to strike off the defence of
the petitioners for not filing the written statement within the stipulated
period of 90 days, by rejecting the request of the petitioners for adjournment
of the case, as the revenue record was awaited. In view of the fact, that the
C.R. No. 4704 of 2009 2
case was adjourned for notice to defendants No. 10 & 11 and grant of
further time was not likely to delay the proceedings it would have been
appropriate, that the learned trial Court should have accepted the request for
adjournment by imposing the cost to compensate the other party.
Without going into the merits of the case, and keeping in view
the fact, that the provisions of Order 8 Rule 1 C.P.C. are directory not
mandatory. Accordingly, the present revision is allowed, the impugned
order is set aside and the petitioners are granted one opportunity to file the
written statement, on the date to be fixed by the trial Court. However, this
shall be subject to payment of Rs. 5000/- ( Rupees five thousand only ) as
costs.
20.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE