MAHINDER PAL Vs. HARI SARAN

JUDGEMENT

(1.) IN the present petition, the challenge is to the order dated 21.1.2010 passed by the learned court below, whereby on account of non- filing of written statement by the petitioners-defendants No. 1 to 3, their defence was struck off.

(2.) FOR the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but the suit as well.

(3.) AFTER hearing learned counsel for the petitioners, I find merit in the contentions raised by him. It has been consistently opined by Hon'ble the Supreme Court in the judgments, referred to above, that Order 8 Rule 1 of the Code of Civil Procedure which provides time for filing of written statement is directory in nature.