IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 67 of 2011 Date of decision: 18.4.2011 Sadhu Ram ….Petitioner. Versus Smt. Rakro and another ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Ms. Jyotsna Rewal Dua, Advocate. For the respondents: Mr. Bimal Gupta, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 15.12.2010 whereby the learned trial Court closed the rights of the defendant to file written statement and struck off the defence of the defendant on the ground that the written statement had not been filed within the period of 90 days as prescribed in the Code of Civil Procedure. 2. There is no manner of doubt that the written statement was not filed within 90 days. It is also a fact that before the trial Court no specific reason was given as to why the written statement was not filed within 90 days. However, in this Court alongwith the petition the petitioner 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 has annexed a copy of certificate issued by Sir Ganga Ram Hospital that Shri Satish Gupta, the lawyer originally engaged by the defendant, had undergone kidney transplant at the relevant time and was admitted at Delhi. A client is expected to engage a lawyer and a litigant does not know the niceties of law as to what is the time prescribed for filing a written statement. Therefore, by way of indulgence a fresh opportunity is given to the defendant to file the written statement. 3. I have been informed at the bar that the case is fixed before the learned trial Court on 7th May, 2011. The parties are directed to appear before the learned trial Court on the said date. On or before which date the petitioner shall file his written statement. This order is passed subject to payment of Rs.1500/- as costs. In case, written statement is not filed or costs not paid on or before the said date then the present petition shall be deemed to have been dismissed. The petition is disposed of accordingly. 18th April, 2011 (Deepak Gupta) ™ Judge