CR No.6682 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No. 6682 of 2008
Decided on : 03-12-2008
Sunil and others
....Petitioners
VERSUS
Ravi and others
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. S.S.Khurana, Advocate for the petitioners.
MAHESH GROVER, J
This revision petition is directed against the order dated 5.6.2008
by which the defence of the petitioner has been struck off. The petitioner
was granted two opportunities of which one was subject to payment of Rs.
200/- as costs which have been deposited but the written statement has still
not been filed.
Learned counsel for the petitioner contends that if only one
opportunity is granted to him in the interest of justice, he shall file the
written statement.
After hearing, learned counsel for the petitioner, I am of the
considered opinion that the present petition can be disposed of at this stage
without issuance of notice of motion as resorting to this process is likely to
delay the proceedings further and also keeping in view the fact that
equitable justice can be ensured by compensating the other side with costs.
Apparently, there is no infirmity in the impugned order but purely in the
CR No.6682 of 2008 2
interest of justice, the revision petition is accepted and the impugned order
is set aside and one opportunity is granted to the petitioner to file his written
statement. Needful shall be done within a period of two weeks from today
with an advance copy to the plaintiff-respondent.
Thus, the revision petition is accepted, however, subject to
payment of Rs.5000/- as costs.
December 3 , 2008 (Mahesh Grover) rekha Judge