1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9361 of 2007 Pandharinath Shivram Uagale .. Petitioner versus Subhash Tulshiram Birari & ors. .. Respondents ... Mr.S.S. Shah for the petitioner. Mr.Rahul Matkari i/b V.Z. Kankaria for respondent no.1. CORAM : A.M.KHANWILKAR, J DATED : 28th August 2008 P.C.: 1. Heard counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Mr.Matkari waives notice for the respondent. As short question is involved, petition is taken up for final disposal forthwith by consent. 2 3. This writ petition under Article 227 takes exception to the judgement and order passed by the Civil Judge, Sr. Division. Nashik dated 21st September 2007 rejecting the petitioner’s application for condoning delay in filing written statement and to take the written statement on record. The only reason recorded by the court below in the impugned order is that no sufficient reason is shown to condone the delay. It is not in dispute that the petitioner tendered the application Exhibit.23 accompanied by the written statement after 30 days but within 90 days from the date of service of summons. The delay was only of 33 days. The reason mentioned in the application is that petitioner was unable to get necessary information for preparing the written statement or to give instructions to his advocate. The fact remains that the written statement was tendered within 90 days. Indeed, there was delay of 33 days as the written statement was not filed within 30 days from the date of service of summons, however, for the reasons mentioned in the application being sufficient one, in the interest of justice, the trial court ought to have shown indulgence to the petitioner in the fact situation of the present case. 3 4. In the circumstances, the impugned judgement and order is set aside. Instead, the application preferred by the petitioner Exhibit-23 is made absolute with the direction that the trial court will take the written statement already tendered by the petitioner on record and proceed with the trial in accordance with law. 5. Petition is disposed of accordingly. (A.M.KHANWILKAR, J)