Civil Revision No.2520 of 2008 (O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
Civil Revision No.2520 of 2008(O&M)
Decided on : May 11, 2009
Sh.N.K.Rajgarhia
… Petitioner
VERSUS
Sh.pawan Kumar Tah
… Respondent
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Jagdish Manchanda,
Advocate for the petitioner.
Mr.Amit Jain,
Advocate for the respondent.
A.N.JINDAL, J.-
Heard.
The petitioner – defendant has filed the written statement,
certainly after the stipulated period, for filing the same. However, he is
ready to compensate the respondent – plaintiff for the inconvenience and
harassment suffered by him.
At the same, it may be observed that provisions as
envisaged under Order VIII Rule 1 of the Code of Civil Procedure are
not subservient to the administration of cause of justice and could be
subject to relaxation on reasonable grounds. The meritorious claims
Civil Revision No.2520 of 2008 (O&M) [2 ]
cannot be thrown way, without giving proper hearing to the parties.
In view of the matter, this revision petition is allowed and
the impugned order dated 15.2.2008 is set aside. The written statement
is ordered to be taken on record, subject to payment of Rs.5000/- as
costs.
Since the suit relates to the year 1998, therefore, it is
expected from the Trial Court to expedite the hearing and preferably
decide the same within one year from today, by giving short dates.
May 11, 2009 ( A.N.JINDAL ) `gian' JUDGE