IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1 of 2009 VIDYARTHI TIWARI Versus SURYABANSI TIWARI & ORS ----------- 2 16/1/2009 Heard counsel for the petitioner. It is one of those rare cases where even repeated indulgence given by the Court to the defendant petitioner has been of no avail. The suit is of the year 1991 in which the defendant-petitioner had appeared on 20.12.1995. Thereafter, the Court had given repeated indulgence and had even allowed prayer of the petitioner for filing the written statement on 16.4.2005 with cost of Rs. 150/- and again on 31.3.2006 with cost of Rs. 100/-. Such indulgence given by the Court to the petitioner also was not enough or at least was not availed for the reasons not being disclosed to this Court and ultimately the court below by order dated 16.6.2006 had debarred the petitioner from filing the written statement. After one and half year of the said 2 order the defendant-petitioner filed an application for recall of the said order dated 16.6.2006 which has been rejected by the court below by recording that the petitioner was deliberately trying to delay disposal of the suit and in fact did not avail the repeated indulgence given for filing of the written statement. This Court has perused the averment made in this Civil Revision Application and has found that not a word has been said as to why the defendant-petitioner did not file his written statement in the span of more than ten years even from the date of his appearance, i.e, 20.12.1995. Counsel for the petitioner, however, now submits that the petitioner is ready to pay Rs. 5,000/- in order to compensate the loss sustained by the plaintiff for the period of last 19 years. Such offer of the petitioner is absolutely misnomer. The situation explained above would therefore go to show that the petitioner is a habitual defaulter and in fact he does not deserve any indulgence by this Court. 3 That being so, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar