HOUSING BOARD HARYANA Vs. SURESH

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated August 31, 2007 passed by the learned Civil Judge (Senior Division), Panchkula whereby defence of petitioner/defendant no. 3 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 disposal of the present petition but the suit as well.

(3.) AS far as the period prescribed for filing the written statement under Order 8 Rule 1 CPC, is concerned, the same has been held to be directory in nature by judgments of Hon'ble the Supreme Court in Kailash v. Nanhku and others, 2005(2) RCR(Civil) 379 (SC) and Surender Singh and others v. Omvati and others, 2005(3) RCR(Civil) 786 (P&H). It is further held therein that in exceptional circumstances the Court can extend time beyond 90 days for filing written statement so as to avoid injustice being caused to the parties.