STATE OF PUNJAB Vs. SANTA SINGH

JUDGEMENT

(1.) This only point raised in this Revision Petition is that the State should have been given reasonable time to file the written statement. The representative of the State appeared in Court on the adjourned date of hearing when the written statement was allowed to be filed on payment of costs. Costs were not paid, nor the written statement was filed.

(2.) The learend counsel for the petitioners contends that in view of the provisions of Order 27, Rule 7 Code of Civil Procedure, the Court should have granted time for filing the written statement, as it is envisaged by Order 27, Rule 4 of the Code that the Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court. Order 27, Rule 7 envisages that where the defendant is a Public Officer and on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extenstion of the time fixed in the summons as may be necessary to enable them to make such reference and to receive orders thereon through the proper channel. Upon such application the Court shall extend the time for so long as appears to it to be necessary. In order to buttress his submission, he relies on Amrit Lal Behal v. The Punjab State and others, 1986 RRR 610 There is no dispute with the proposition of law laid down in Amrit Lal Behal's casee . There is no parity of facts to the case in hand with those in the said case. There is neither any prayer made by the public officer for extension of time to get instructions from the Government, not it was the first date on which the public officer was appearing. Earlier also, the time was granted for filing written statement on payment of costs. It is on the adjourned date when neither the costs were paid nor the written statement was filed that the defence was struck off. Though there is no error of jurisdiction or otherwise in the impugned order, in the interest of justice keeping in view the peculiar facts and circumstances of this case, the State is granted one more opportunity to file the written statement on payment Rs. 300/- as costs. Since the order is being passed keeping in view the peculiar facts and circumstances of the case, it would not be treated as a precedent.

(3.) With the above observations the Revision Petition is allowed.