1 Rajendra Sharma Vs. State Bank of Bikaner and Jaipur (S.B.C.WRIT PETITION NO. 4101/10 ) Dated:- 19.7.10. HON'BLE MR.JUSTICE SANGEET LODHA Mr. Manish Pitalia, for the petitioner. Mr. P.K.Lohra, for the respondent. 1. This writ petition is directed against the order dated 21.1.2010 closing the written statement of the petitioner and order dated 25.2.10 dismissing the application preferred by the petitioner under Section 151 of CPC, for taking the written statement on record passed by the Civil Judge (S.D.), Udaipur in Civil Suit No. 61/09. 2. The respondent /plaintiff filed a suit for recovery of amount of Rs. 45,712/- against the petitioner/defendant. Despite opportunities being granted, the petitioner/defendant did not file the written statement and therefore, his right to file written statement was closed by order dated 21.1.2010 passed by the trial court. Thereafter, on 25.2.10, the petitioner/defendant made an application for taking the written statement on record which has been dismissed by the order impugned dated 25.2.2010. Hence, this petition. 3. It is true that the written statement was not filed by the petitioner within the stipulated period. But then, the rules of 2 procedure are hand maiden of justice and the same cannot be applied strictly so as to defeat the cause of justice. In the interest of justice, therefore, it will be appropriate that the written statement filed on behalf of the petitioner/defendant is taken on record so that he may not be deprived from defending the case against him altogether. For the delay caused, the plaintiff can be compensated by payment of cost by the petitioner/defendant. 4. Accordingly, the writ petition is allowed. The orders impugned dated 21.1.2010 and 25.2.2010 are quashed. The application preferred by the petitioner/defendant for taking the written statement on record is allowed. The written statement filed is taken on record subject to payment of cost by the petitioner/defendant to the respondent/plaintiff quantified at Rs.1,000/-. (SANGEET LODHA),J.