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