Stay Application 7925/2008 With WPMS 2058/2008 Hon’ble B.C. Kandpal, J. Heard Mr. Sudhir Kumar, Advocate appearing on behalf of the petitioner and perused the record. By way of this petition, the petitioner has sought the relief to issue a writ, order of direction in the nature of certiorari quashing the orders date 04.05.2007 and 15.11.2007 passed by Civil Judge (Junior Division), Haldwani, District Nainital, in Civil Suit No. 2/2006, Smt. Sumitra Devi Vs. Ram Prasad Sahu and order dated 08.08.2008 passed by Addl. District Judge/Ist F.T.C. Haldwani in Civil Revision No. 107/2007, Ram Prasad Sahu Vs. Smt. Sumitra Devi. It appears that Civil Suit No. 2/2006 is pending between the parties. On 04.05.2007, the trial court rejected the adjournment application seeking time to file written statement and passed the order that according to amended provisions of the C.P.C. the fixed period to file the W.S. has expired and the case was proceeded exparte against the defendant. The defendant/petitioner, thereafter, moved application U/O 9 Rule 7 C.P.C. praying therein that the order dated 04.05.2007 be recalled and he be given time of file W.S. and contest the case. The plaintiff filed objection against it. The trial court has rejected the aforesaid application giving reasons that earlier also the case was proceeded exparte against the defendant and the said exparte order was recalled vide order dated 09.10.2006 on the application of the petitioner/defendant. Thereafter also the defendant sought adjournment. The trial Court also held that sufficient time was given to the defendant to file the W.S. and no plausible reason has been shown to file the W.S. belatedly. The trial Judge also concluded that the application has wrongly been filed U/O 9 Rule 7 C.P.C. as the case was not proceeded exparte due to the absence of the defendant but the defence of the defendant was closed due to non-filing of the W.S. in time. The revision preferred before the Additional District Judge, was also dismissed on the ground that the defendant could not show the plausible reasons for filing the W.S. with delay and he has lost the opportunity to file the W.S. In view of above facts of the case, I do not find any merit in this petition and the same is dismissed in limine. The stay application also stands dismissed. Dated : 27.11.2008 (B.C. Kandpal, J.) ISB