IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.311 of 2009 Smt.Ramraji Devi Versus Most.Jaiyana Kuer & Ors ---------------------------------- 6 12-12-2011 Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of opposite party nos. 1 and 2. The learned counsel appearing on behalf of the petitioner submits that opposite party nos. 3 and 4 are his vendor and have been impleaded as co-defendants in the suit. By the impugned order the court below has rejected the prayer of the defendant-petitioner for recalling the order dated 11-7-2005 passed against her under Order 8 Rule 10 C.P.C. debarring her from filing written statement. The perusal of the impugned order shows that the learned court below has recorded the finding that the petition filed by the petitioner was only for the purpose to delay the disposal of the suit and on that basis the same has been rejected. After hearing the submissions of the learned counsel for the parties, it appears that in the interest of justice an opportunity should be granted to the petitioner to file written statement in the suit and contest the same but simultaneously confining the disposal of the suit within a time frame. The learned counsel appearing on behalf of the plaintiff-opposite parties has submitted that much harassment has been caused to them due to negligence or the inaction of the petitioner and they should be compensated with costs. In this view of the matter, this revision application is 2 allowed. The impugned order is set aside. The learned court below is directed to accept the written statement of the petitioner which must be filed on the next date of the suit after the production/receipt of this order. This order shall be subject to payment of Rs.1000/-(one thousand) to the plaintiff-opposite parties, which must be paid to them or deposited in the court below simultaneously with the filing of the written statement. The learned court below is also directed to expeditiously take up the proceedings of the suit and dispose it of preferably within nine months from the date of receipt/production of this order. The learned counsel appearing for the parties have agreed to extend their full cooperation in the disposal of the suit by avoiding unnecessary adjournments. roy ( V. Nath, J.)