-1- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6620-2026 Date of Decision: 03.09.2026 SENIOR EXECUTIVE ENGINEER, OPERATION, PSPCL, WEST DIVISION PATIALA AND ANR ....Petitioners Versus CHANAN RAM AND ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Abhishek Shukla, Advocate for the petitioners. PARMOD GOYAL, J. (Oral) Present civil revision has been preferred by petitioners/defendants No.1 & 2 under Article 227 of Constitution of India being aggrieved by order dated 15.12.2025 (Annexure P-3) passed by learned Civil Judge, (Junior Division), Patiala, vide which defence of petitioners/defendants was struck off for not filing written statement despite having appeared and having availed number of opportunities. The petitioners/defendants No.1 & 2 are also aggrieved by the order dated 12.03.2026 (Annexure P-5) passed by the learned Judicial Magistrate 1st Class, Patiala, vide which application filed by petitioners/defendants for recalling of order dated 15.12.2025 was also dismissed. 2. Perusal of impugned order shows that in the present case petitioners/defendants No.1 and 2 had appeared on 08.05.2025. The matter remained pending for filing of written statement on behalf of petitioners/defendants No.1 & 2 on 27.08.2025, 09.10.2025, 11.11.2025 and RAVINDER DHANIA 2026.09.03 14:51 I agree to specified portions of this document CR-6620-2026 -2- ultimately defence was struck off on 15.12.2025 when petitioners/defendants No.1 & 2 had failed to file their written statement despite repeated opportunities. 3. The period of 90 days to file written statement is only directory in nature and not mandatory. Rights of parties are generally required to be decided on merits instead of technicalities. In all cases where other side can be compensated with cost, the Courts ought to grant opportunity to party at fault to file written statement subject to payment of cost. Present is a case which falls under such category. Accordingly, petitioners/defendants No.1&2 are entitled to get one opportunity to file written statement subject to cost. No prejudice will be caused to respondent No.1-plaintiff as case is fixed for filing of written statement by defendant No.3 on 18.09.2026. 4. Keeping in view the facts of the case, I find it appropriate to grant one more opportunity to petitioners/defendants No.1 & 2 to file their written statement as respondent-plaintiff can be compensated by way of cost. 5. Accordingly, let written statement be filed on 18.09.2026, the date already fixed before trial Court, subject to payment of Rs.10,000/-. Cost shall be paid to respondent No.1-plaintiff before the learned Court of First Instance. It is made clear that in case either cost is not paid or written statement is not filed on 18.09.2026, no further opportunity shall be granted and order striking off defence of petitioners/respondents shall come into force. 6. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 03.09.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No RAVINDER DHANIA 2026.09.03 14:51 I agree to specified portions of this document