1 D.B.Civil Special Appeal(Writ) No.596/2008 State of Rajasthan & anr. V/s Yogesh Kumar Sharma & ors. 31.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.Bharat Vyas, Addl.Advocate General for the appellants. Heard learned counsel for the appellants both in limitation application and also in appeal. Delay in filing this appeal is condoned. The writ application filed by the State- appellant was dismissed holding order passed by court below not otherwise bad in law. In a suit for damages, some of the officials of the State of Rajasthan were impleaded as defendants. Separate written statement was not filed. However, Officer In-charge filed written statement on their behalf. During the pendency of the suit, a petition was filed on behalf of the plaintiffs allowing them to lead additional evidence. Another application was also filed on behalf of plaintiffs under Order 8 Rule 6 of Code of Civil Procedure virtually praying therein to reject the written statement filed on behalf of the defendants. The court below, on appreciation of pleadings of the parties, however, directed the defendants nos. 1,2,4 and 5 to file their own written statement, if so desired, by 15th Feb.2005. The order passed by court below however was challenged 2 in writ jurisdiction which was dismissed giving rise to this appeal. The order passed by court below directing defendants nos.1,2,4 and 5 to file their own written statement does not appear to be contrary to law. In a suit for damages, when some of the defendants were made parties by name, it was incumbent upon them to file their separate written statement. The written statement filed by someone else on their behalf, therefore, was liable to be rejected. The court below however taking a lenient view of the matter again granted opportunity to those defendants to file their own written statement within the time frame upto 15th Feb.2005. It is not known to the court as to whether the written statements were filed by the concerned defendants upto 15.2.2005. Considering the facts and circumstances of the case and also keeping in view the orders passed by court below and also by learned Single Judge of this Court, we find no reason to interfere. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar