IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 78 of 2011 Date of decision: 19.5.2011 Parmeshwari ….Petitioner. Versus Pawan Kumar and another ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. K.R.Thakur, Advocate. For the respondent No.1.: Mr. Vivek Singh Thakur, Advocate. Deepak Gupta, J. (Oral) 1. By means of this petition, the petitioner has challenged the order dated 19.02.2011 passed by the learned Civil Judge (Jr. Division), Dalhousie, whereby the right of the defendant to file written statement has been closed and his defence has been struck off only on the ground that the period prescribed by law for filing the written statement has expired. 2. There is no manner of doubt that 90 days has expired since service of the applicant. However, from the record itself it appears that prior to the said date there was no Presiding Officer in the Court. Clients are not aware of the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 time in which written statement has to be filed and it is the counsel who have to guide them in this behalf. The counsel has filed an affidavit that she had misplaced his file. Even if this is not believed, it is apparent that the counsel is a fresh entrant at the bar and may not have advised her client in a proper manner. 3. Be that as it may, I am of the view that every party should be permitted to contest its case on merits and the right of any party to file written statement or lead evidence should not be closed lightly. Therefore, one more opportunity is granted to the petitioner to file written statement. This opportunity is granted subject to payment of Rs.1,000/- as costs. The parties are directed to appear before the learned trial court on 27th June, 2011. The costs shall be paid and written statement be filed on or before the said date. In case costs are not paid or written statement not filed before 27th June, 2011, this petition shall be deemed to have been dismissed. The petition is disposed of accordingly. 19th May, 2011 (Deepak Gupta) ™ Judge