SBCWP NO.4395/2009 – BALA RAM AND ANR. . V/S CIVIL JUDGE AND ORS. :JUDGMENT DTD.4.5.2009 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4395/2009 Bala Bux and another. versus Civil Judge and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Ravi Bhansali, for the petitioners. DATE OF JUDGMENT : 4th May, 2009. JUDGMENT 1. Heard the learned counsel. 2. This petition is directed against the order dtd.14.3.2007 whereby the learned trial Court refused to take on record the written statement fled by the defendant No.1 duly signed by him and also sought permission for defendant No.2 to sign the same as she was not available at the time of filing of said written statement. The said written statement has been refused to be taken on record because the prescribed time limit of 90 days has expired on 14.3.2007. 3. The learned counsel for the petitioner submits that on the previous date 23.2.2007, the learned trial Court itself has fixed the date on 14.3.2007 for filing of written statement and therefore, the SBCWP NO.4395/2009 – BALA RAM AND ANR. . V/S CIVIL JUDGE AND ORS. :JUDGMENT DTD.4.5.2009 2/2 written statement filed with signature of defendant No.1 on 14.3.2007 ought to have been taken on record, whereas the learned trial Court has directed to be placed the same in part D in the file thus, taking it off the record. 4. Having heard the learned counsel, this Court is satisfied that in the interest of justice, the written statement filed by the defendant No.1 can be taken on record subject to payment of cost of Rs.500/-. The defendant No.2 may also be permitted to sign the same written statement. The impugned order dtd.14.3.2007 and 16.7.2007 are set aside. The petition is accordingly disposed of. A copy of this order be sent to the trial Court and the opposite party. (Dr.VINEET KOTHARI)J. Item No.15 Ss/-