- (1.) Vide order under challenge, defence of the petitioner -defendant was struck off on account of his failure to file the written statement in time.
(2.) It is apparent from the records that the written statement was filed on 28.2.2005 i.e. beyond the period of 90 days. This Court feels that while passing the order referred to above a very strict and technical view has been taken by the Court below, in interpreting the provisions of Order VIII Rule 1 of CPC.
(3.) This Court feels that present is a case where one more opportunity could have been granted to the petitioner to put on record his written statement. Rules and Procedure are handmaid of justice to enhance the same and not to subvert it. Their Lordships of Supreme Court in Sardar Amarjit Singh Kalra (dead) by L.Rs And others vs. Parmod Gupta (Smt.) (dead) by L.Rs. And others (2003) 3 S.C.C. 272, in para 26 of the judgment had opined as under:- "Laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication merits of substantial rights of citizen under personal. property and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice.";