IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1589 of 2008 NAGESHWAR SINGH & ANR Versus MOSTT.SHAIL DEVI & ORS ----------- 2. 18.9.2008 Heard counsel for the petitioner. Technically speaking the court below seems to be correct in rejecting the prayer of the petitioners to accept the written statement which was filed after a period of 90 days of appearance. But then the interest of justice should have also weighed upon the court below for allowing such prayer of the petitioners, inasmuch as the delay at best in filing of the written statement was one month after expiry of 90 days. That being so, this Court would set aside the impugned order so far it relates to rejection of the written statement of defendants no. 2 and 3, the petitioners before this Court. The court below will take the written statement filed by the petitioners on record on payment of cost of Rs. 1000/- to be paid by the petitioners to the plaintiff within a period of 15 days from the date of receipt/ production of a 2 copy of this order and file receipt thereof before the court below in order to enable it to accept the written statement. (Mihir Kumar Jha,J.) Surendra/