S.B. CIVIL WRIT PETITION NO.2258/2008 Nahar Singh & Ors. Vs. Civil Judge (JD), Jalore & Anr. Date of order : 1st February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI None present for the petitioner. Mr. Arjun Singh) for the respondents. Mr. C.S. Ojha ) ------- 1. This writ petition is directed against the order dated 15.3.2008 whereby the learned court below refused to set aside the ex-parte proceedings and refused to take on record the written statements filed by the petitioner-defendants. The learned counsel for the respondents though opposes the petition, however, in the interest of justice, he submits that subject to payment of exemplary cost, the written statement of the petitioner may be taken on record. 2. Accordingly, this writ petition is disposed of by setting aside the order dated 15.3.2008 and the written statement filed by the petitioner-defendants may be taken on record by the learned trial court subject to payment of cost of Rs.3,000/- to the plaintiff. The earlier order dated 3.12.2007 as well as the impugned order dated 15.3.2008 are accordingly set aside. Copy be sent to the trial court and both the parties immediately. [ DR. VINEET KOTHARI ], J. item No.116 babulal/