IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 372 of 2009 Date of decision: 05.04.2011 Ram Rattan and others …. Petitioners Versus Asha and others … Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 For the petitioners: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate. For the respondents: Mr. Bimal Gupta, Advocate, for respondents No. 1 to 5. V.K. Ahuja, J. (Oral) : This is a petition filed by the petitioners/defendants under Article 227 of the Constitution of India, against the order passed by the learned Civil Judge (Junior Division), Kandaghat, dated 17.3.2009, vide which he had rejected the written statement filed by the petitioners, since it was filed beyond time. 2. Notices were issued to the respondents. 3. I have heard the learned counsel for then parties and have gone through the record of the case. 4. It is clear that the service of other defendants had not yet been effected. Time to file the written statement could have been extended by the learned trial Court keeping in view the facts and circumstances of the case. These are procedural matter and steps 1Whether reporters of Local Papers may be allowed to see the judgment? 2 have to be taken and due opportunities to both the parties to present their cases have to be given. Therefore, the impugned order passed by the learned trial Court is not sustainable in the eyes of law. The written statement already filed by the petitioners is allowed to be taken on record subject to Rs.500/- as costs, payable to respondents No. 1 to 5. Costs shall be paid to respondents No. 1 to 5 before the learned trial Court. 5. In view of the above discussion, the petition stands allowed. A copy of the judgment alongwith record of the case be sent to the learned trial Court. In view of the disposal of the main petition, all the miscellaneous application(s), if any, also stands disposed of. 6. Parties through their learned counsel are directed to appear before the learned trial Court on 25.4.2011. ( V.K. Ahuja ), April 05, 2011 Judge (BSS) 3 4