- (1.) Vide order under challenge, defence of the petitioner was struck off for want of filing of the written statement.
(2.) Counsel for the petitioner states that written statement was ready, however, the same could not be filed in the Court because of some gap of communication with counsel for the petitioner. It has been stated that suit against the petitioner is for possession by way of specific performance of an agreement to sell dated 29.5.2000 and if the petitioner is not allowed to defend the suit, then an irreparable loss is likely to be caused to him, as is going to loose his very valuable property, that- too, without any contest. A prayer has been made that only one opportunity be granted to the petitioner to place on record his written statement. Prayer made has been vehemently opposed by counsel putting up appearance for the respondent.
(3.) This Courts feels that Rules and procedure are handmaid of justice to enhance the same and not to subvert it.;