1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. LETTERS PATENT APPEAL NO.209 OF 2008. in WRIT PETITION NO.1427 OF 2008 (Decided) Draupadabai Laxman Rekhate and others. .vs. Shyamlal Shriramlal Jaiswal and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.N.S.Badhe, Adv. for the appellants. Mr.S.G.Loney, Advocate for the respondents. Coram: ANOOP V. MOHTA and C.L.PANGARKAR, JJ. Dated : 24th SEPTEMBER, 2008. 1. This is a Letters Patent Appeal against the order dated 31/3/2008 whereby the learned Single Judge, after considering the rival contentions, has set aside the order dated 15/3/2008 passed by Civil Judge (Jr.Dn.), Jalgaon Jamod whereby the application filed by the respondents/ defendants for setting aside the order to proceed the suit without written statement and for seeking permission to file written statement on record was rejected. 2 2. The learned counsel appearing for the appellants has strongly relied on Kailash ..vs.. Nankhu and others, 2005(2) Mh.L.J.775 and basically contended that there is no exceptional case made out to allow such application. 3. Considering the facts and circumstances of the present case and in the interest of justice it is always essential to give opportunity to the defendants and, therefore, the discretions is exercised by the learned Single Judge in favour of respondents/defendants. The Apex court in M/s R.N.Jadi & Brothers and ors. ..vs.. Subhashchandra, 2007(9) SCALE, 202 has further observed that the provisions of Order VIII Rule 1 of C.P.C. are directory. The reasons justifying the delay in presenting the written statement is satisfactorily explained. We see there is no reason to interfere with the order passed by the learned Single Judge. The learned Single Judge has rightly imposed the costs to compensate the plaintiff for the delay and inconvenience caused to him. 3 In view of this, L.P.A. is dismissed. However, all points are kept open. JUDGE. JUDGE. chute