GAGANDEEP SINGH Vs. CHARANJEET KAUR AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 4.8.2010 passed by learned Additional Civil Judge (Sr. Division), Sangrur, whereby the defence of the defendant No. 3/petitioner herein was directed to be strike of on the ground that defendant No. 3 has failed to file written statement.

(2.) Learned Counsel for the petitioner states that written statement is ready and shall be filed within such time as fixed by this Court. Learned Counsel for the petitioner further states that written statement could not be filed because of wrong advice given by the learned Counsel appearing before the learned trial Court on behalf of defendant No. 3. Learned Counsel for the petitioner further states that learned Counsel appearing on behalf of defendant No. 3 before the learned trial Court has advised that application moved by the plaintiff for striking off defence and for not accepting the written statement on behalf of defendants Nos. 1 and 2 should be decided first, although written statement was ready on that day. The Hon'ble Apex Court in the matter of Kailash v. Nanhku and Ors., 2005 4 SCC 480 has held that provision of Order 8 Rule 1 C.P.C. are not mandatory but directory in nature. The Hon'ble Supreme Court further held that on sufficient cause is being shown the written statement can be accepted by the learned trial Court beyond the 90 days.

(3.) In the peculiar facts and circumstances of the case, in the interest of justice, I direct that defendant No. 3/petitioner shall file written statement on or before the next date fixed which is said to be 13.10.2010. Defendant No. 3/petitioner shall pay Rs. 5000/ - as costs to the plaintiff on or before the next date fixed before the learned trial Court.