CRP 321/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Chamaria, learned counsel for the petitioners and Mr. Dhar, learned co unsel appearing for the respondent. The petitioners, who are the defendants in Title Suit No.331/2010, by the presen t application has challenged the order dated 18th June, 2011 passed by the learn ed Munsiff No.1, Kamrup at Guwahati in Misc. (J) Case No.551/2010 rejecting the application filed under Order 9 Rule 7 CPC on 22nd December, 2010 for recalling the order dated 14th December, 2010 to proceed the suit ex-parte and to accept t he written statement filed alongwith the application. The aforesaid suit has been instituted by the opposite party for declaration of right, title and interest and for confirmation of possession. In the said suit, the present petitioners/defendants, upon receipt of the summons, entered appear ance on 23rd September, 2010 and prayed for time for filing the written statemen t. The learned Court below vide order dated 23rd September, 2010 allowed time t o the defendants fixing 14th December, 2010 for that purpose, on which date, as the defendants were absent, the order to proceed ex-parte against the said defen dants was passed. The defendants thereafter, on 22nd December, 2010 filed an application under Ord er 9 Rule 7 CPC enclosing therewith the written statement praying for recalling the order dated 14th December, 2010 and to accept the written statement, on the ground that the learned Advocate has wrongly recorded the date as 18th December, 2010 instead of 14th December, 2010 in his diary, which resulted in non appeara nce on 14th December, 2010. The said application has been rejected on the ground that there is no explanatio n as to why the written statement could not be filed within time. It appears from the impugned order dated 18th June, 2011 that the learned Court below did not disbelieve the stand taken by the defendants that because of the w rong entry made in the diary by the learned counsel about the date, they could n ot appear on 14th December, 2010 and file written statement, and consequently ou ght to have accepted the written statement, which was filed on 22nd December, 20 10. In view of the above, the impugned order dated 18th June, 2011 is set aside. Th e learned Court below shall take the written statement filed by the defendants o n record. Since the proceeding has been delayed because of the fault of the pet itioners, they shall pay the cost of Rs.10,000/- to the plaintiff, which shall b e deposited on the next date fixed. On being deposited, the said amount shall b e released to the plaintiff/opposite party. The parties are directed to appear before the learned Munsiff No.1, Kamrup at Gu wahati on 3rd January, 2012. The revision petition is allowed with costs as indicated above.