C.R. No. 97 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 97 of 2009 (O&M)
Date of decision: January 12, 2009
Raj Mehal Singh
.. Petitioner
v.
Harbans Singh and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Ms. G. K. Mann, Advocate for the petitioner.
..
Rajesh Bindal J.
In the present petition, the challenge is to the order dated 18.11.2008,
passed by the learned court below, whereby on account of non-filing of written
statement by the petitioner, his defence was struck off.
For the view I am taking, I do not deem it appropriate to issue notice
of motion to the respondents as the same would not only delay the disposal of the
present petition but even delay the disposal of the claim petition before the learned
court below.
Learned counsel for the petitioner submitted that written statement
could not be filed on the date fixed for the reason that counsel for the petitioner
noted a wrong date, otherwise the written statement was ready. He further
submitted that no effective proceedings have taken place after the passing of the
impugned order as the case is still fixed for filing of replication to the written
statement filed by other respondents. She has relied upon judgments of Hon’ble
the Supreme Court in Kailash v. Nanhku and others, JT 2005(4) SC 204; Salem
Advocate Bar Association, Tamil Nadu v. Union of India, JT 2005(6) SC 486 and
M/s R. N. Jadi and Brothers and others v. Subhashchandra, JT 2007(9) SC 165 to
submit that Order VIII Rule 1 of the Code of Civil Procedure has been held to be
directory in nature and not mandatory.
After hearing learned counsel for the petitioner, I find merit in the
contentions raised by him.
It has been consistently opined by Hon’ble the Supreme Court in the
judgments, referred to above, that Order VIII Rule 1 of the Code of Civil
Procedure which provides time for filing of written statement is directory in
C.R. No. 97 of 2009 [2]
nature.
Accordingly, the petition is accepted. The petitioner is granted one
opportunity to file written statement before the learned court below on or before
the next date fixed subject to payment of Rs. 2,000/- as costs to respondents No.1
and 2.
(Rajesh Bindal)
Judge
12.1.2009
mk