Arun Kumar Jain And Other v. Sanjay Jain And ORS.

CR No.375 of 2018 {}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.375 of 2018 Date of decision:19.01.2018 Arun Kumar Jain and others ... Petitioners Vs.

Sanjay Jain and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. P.K.Chugh, Advocate for the petitioners.

AMIT RAWAL J. (Oral) The petitioner-defendants are aggrieved of the impugned order whereby the defence of the defendants has been struck off on account of the fact that written statement had not been filed within the statutory period of 90 days from the date of service of summons.

Mr. P.K.Chugh, learned counsel for the petitioner-defendants submits that the Courts should be liberal while interpreting the aforementioned provisions of Civil Procedure Code and should not be too harsh to strike off the defence of the defendants at very early stage. The counsel for the petitioner-defendants undertakes to file the written statement at the next adjourned date, subject to terms and conditions. I have heard learned counsel for the petitioner, appraised the paper book and of the view that as per the ratio decidendi culled out in the judgment of Supreme Court in Salem Bar Association Tamil Nadu Vs. Savita 2018.01.24 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.375 of 2018 {} Union of India 2005(6) SCC 344, the time period of 90 days for filing the written statement as stipulated under Order 8 Rule 1 CPC is directory and not mandatory in nature. The aforementioned view has been reiterated by Hon'ble Supreme Court in Kailash Vs. Nanku 2005(2) RCR (Civil) 379. For the foregoing reasons, I deem it appropriate to grant one more opportunity to the petitioner-defendants for filing the written statement within a period of one week, subject to payment of costs of `5000/- which shall be condition precedent. If the costs is not paid as directed, the order passed already by the court below shall stand restored. The impugned order is set aside and the revision petition is allowed, dispensing with notice to the respondents. (AMIT RAWAL) JUDGE January 19, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.01.24 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh