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Jaswant Singh and Another vs Nirbhay Singh and Others

Punjab And Haryana At Chandigarh · Decided on 14 December 2010 · Citation: (2010) 12 P&H CK 0420

HON’BLE JUDGES
Alok Singh, J
CASE NUMBER
C.R. No. 8116 of 2010
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Judgment

7 paragraphs · 322 words

Alok Singh, J.—Present petition is filed challenging the order dated 10.11.2010 passed by Addl. Civil Judge (Sr. Divn.) Sangrur whereby the defence of the Defendants-Petitioners was directed to be struck off for non-filing of written statement within stipulated time.

2.

Learned Counsel for the Petitioners states written statement was ready but due to oversight mistake of learned Counsel for the Petitioners could not be filed. He further states that written statement is ready and shall be filed within such time as fixed by this Court.

3.

In the opinion of this Court, present petition can be disposed of without issuing any notice to the Plaintiffs-Respondents at the admission stage. This Court further finds that issuing notice to the Plaintiffs-Respondents would amount to unnecessary delay in the disposal of the suit, hence, this Court proposes to decide the present petition without issuing notice to the Plaintiffs-Respondents.

4.

Hon''ble Apex Court in the matter of Kailash Vs. Nanhku and Others, has held that provision of Order 8 Rule 1 CPC are not mandatory but are directory in nature and on sufficient cause being shown, Defendants can be permitted to file written statement beyond statutory period.

5.

Considering the peculiar facts and circumstances of the case and keeping in mind the golden rule that none should be given walk over and lis between the parties should be decided, as far as possible, on the merits after giving sufficient opportunities to both the parties to place on record pleadings, material and evidence, I direct that Petitioners/Defendants shall file written statement within 15 days from today in the Court below.

6.

Defendants-Petitioners shall pay cost of Rs. 5000/- to the Plaintiffs-Respondents. It is, however, made clear that no further time shall be granted for filing written statement or for payment of cost. On filing written statement and payment of cost, learned trial Court shall proceed with the case in accordance with law.

7.

Petition stands disposed of.