Research › Search › Judgment

Punjab High Court · body

2016 DIGILAW 1228 (PNJ)

JASWANT SINGH v. BALBIR SINGH

2016-04-28

DARSHAN SINGH

body2016
JUDGMENT : Darshan Singh, J. The present revision petition has been preferred against the order dated 01.03.2016 passed by learned Additional Civil Judge (Senior Division), Khadoor Sahib, vide which the defence of the petitioners/defendants has been struck off as they have failed to file the written statement in spite of the last opportunity as the period of 90 days has already elapsed. 2. Learned counsel for the petitioners contended that certain documents were required to be taken from the revenue authorities in order to file the written statement but due to the Assembly bye elections of Khandoor Sahib constituency on 13.02.2016 due to busy schedule of the revenue authorities, said documents could not be procured and the delay has occurred in filing the written statement. He contended that only one opportunity may be granted to the petitioners to file the written statement. Now the case is listed before learned trial Court on 12.05.2016. They would file the written statement on that day. 3. On the other hand, learned counsel for the respondents contended that the petitioners have already availed sufficient opportunities including the last opportunity to file the written statement. The period of 90 days has already expired. So the learned trial Court has rightly struck off the defence of the petitioners. 4. I have duly considered the aforesaid contentions. 5. Primarily the defence of the defendants has been struck of by the learned trial Court on the ground that they have failed to file the written statement within a period of 90 days. The Hon'ble Supreme Court in case Kailash v. Nanhku and others 2005(2) RCR (Civil) 379 has laid down that the provisions of Order 8, Rule 1 of the Code of Civil Procedure, 1908 (for short the 'CPC') are not mandatory. Moreover, in the ground of revision petition, the petitioner has categorically mentioned that they required certain revenue documents pertaining to village Gagrewal, Distt. Tarn Taran and other relevant documents. But the revenue officials were busy in the Assembly bye election of Khandoor Sahib constituency which was held on 13.02.2016. Learned counsel for the petitioners pleaded that only one opportunity may be granted to the petitioners to file the written statement. It is also not disputed that the valuable rights of the petitioners are involved in the suit. They should not be deprived of the effective opportunity to defend the suit. 6. Learned counsel for the petitioners pleaded that only one opportunity may be granted to the petitioners to file the written statement. It is also not disputed that the valuable rights of the petitioners are involved in the suit. They should not be deprived of the effective opportunity to defend the suit. 6. Thus, keeping in view my aforesaid discussion, the present revision petition is hereby allowed. The petitioners are allowed one opportunity to file the written statement subject to Rs. 5000/- as cost. They will file the written statement on 12.5.2016, the next date of hearing fixed before the learned trial Court.