CR No. 678 of 2012 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CR No. 678 of 2012 (O&M)

Date of decision : 17.2.2012

...

Municipal Council, Rewari

................Petitioner

vs.

Chander Prakash and others

.................Respondents

Coram: Hon'ble Mr. Justice K.C. Puri

Present: Sh. Mukesh Kumar Verma, Advocate

for the petitioner.

...

K.C. Puri, J.

CM No. 4276 CII of 2011 stands allowed. Documents

Annexures P-2 to P-4 are taken on record subject to all just

exceptions.

Main case

Challenge in this revision petition is to the order dated

18.4.2011, vide which the defence of defendants No. 1, 3 and 4, now

petitioner, has been struck off for non-filing the written statement.

However, from the perusal of the zimini order, it is revealed that now

the case is fixed for 12.3.2012 for the purpose of filing of written

statement by defendant No.2.

CR No. 678 of 2012 -2-

Learned counsel for the petitioner has submitted that now,

the case is fixed for 12.3.2012 for the filing of written statement by

defendant No.2. Since the case is still fixed for filing of written

statement by defendant No.2 and as such the trial Court should not

have struck off the defence of the petitioner.

Since the case is at the stage of filing of written statement,

so notice is not required to be given to the respondents.

The Parliament in its wisdom has incorporated the

amendment in the Code of Civil Procedure that written statement

should be filed within 90 days in order to curtail the delay in

deciding the cases. The case is still fixed for filing of the written

statement. So, by the act of the defendant, there shall be no delay in

the decision of the case. The rules and procedures are meant to

advance the cause of justice and not to thwart it. The valuable right of

the defendant to raise his defence would be curtailed in case the

impugned order is not set aside.

Consequently, the impugned order dated 18.4.2011 is set

aside and the petitioner is allowed to file the written statement on or

before the next date on payment of ` 1,000/- as costs.

The petition stands disposed of accordingly.

( K.C. Puri )

17.2.2012

Judge

chugh