C.R. No. 136 of 2009. 4.1.2010 Present: Mr. Ashwani Pathak, counsel for the petitioner. Mr. Anand Sharma, counsel for the respondent. CR No. 136 of 2009. This revision petition has been filed against the order dated 9.10.2009 passed by the learned District Judge, Bilaspur in Civil Suit No. 5 of 2009 closing the right of the petitioner to file written statement. The perusal of the record indicates that petitioner was served through her mother on 22.7.2009. In normal course, the petitioner had a right to file written statement in ninety days. The petitioner had put in appearance first time in the court below on 3.8.2009 and the suit was adjourned to 11.9.2009 for filing written statement, on which date written statement was not filed and last opportunity was granted to petitioner to file written statement and the suit was adjourned to 9.10.2009. On 9.10.2009 again the written statement was not filed and the right of the petitioner to file the statement was closed. The suit is for specific performance of contract. In view of subject matter of the suit and rights of the parties, the learned District Judge should have given at-least one more opportunity subject to payment of cost for filing the written statement, but the learned District Judge instead of granting last opportunity has closed the right of the petitioner to file written statement. I have gone through the record and I am satisfied that the order dated 9.10.2009 is harsh whereby the learned District Judge has closed the right of the petitioner to file written statement on second opportunity itself. In these circumstances, the order dated 9.10.2009 is set- aside. The petitioner is granted only one opportunity of two weeks to file the written statement and this time will start from the date of putting in appearance by the parties before the learned District Judge. The parties through their learned counsel are directed to appear before the learned District Judge on 19.1.2010. However, it is made clear that if the written statement is not filed within two weeks, which is to commence from 19.1.2010, then the right of the petitioner to file written statement shall stand closed. The petition is disposed of on above terms. The record of the learned District Judge be sent back immediately so as to reach well before the date fixed. January 4, 2010. ( Kuldip Singh ), (Hem) Judge.