Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 23.08.2010 passed by learned Civil Judge(Junior Division), Ambala.
(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. Facts relevant for the decision of the present revision petition are that, a suit was filed by Respondent -Plaintiff against Petitioner -State of Haryana for declaration that he is entitled for the benefit of regularization of services from the due date at par and in the same manner in which the services of other employees junior to him, were regularized alongwith all consequential benefits. Notice of the suit was given to the present Petitioners -Defendants. Government pleader appeared for Petitioners -Defendants on 10.05.2010 and the case was adjourned to 23.08.2010 for filing written statement. However, on 23.08.2010 written statement could not be filed by Petitioners -Defendants and hence, the impugned order was passed by learned trial Court vide which defence of Petitioners was struck off.
(3.) IT has been contended by learned Counsel for the Petitioners that one opportunity was granted by learned trial Court to Petitioners -Defendants to file written statement and that without considering the genuine request of Petitioners, defence of Petitioners was struck off. It has been further contended by learned Counsel for the Petitioners that it has been wrongly observed by learned trial Court that several opportunities were availed by Petitioners -Defendants whereas only one opportunity was granted. It has also been contended that provision of Order 8 Rule 1 Code of Civil Procedure is not mandatory and the same is only directory. On the point he has placed reliance upon judgment rendered by Hon'ble Apex Court in Zolba v. Keshao and Ors.,, 2008(2) RCR (Civil) 869 and a judgment of this Court rendered in Mani Chhabra v. Alok Chhabra,, 2010(1) RCR (Civil) 257.;