IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1130 of 2008 SHANKAR MANDAL Versus SURESH PRASAD SINGH & ANR ----------- 2 08.08.2008 Heard counsel for the defendant- petitioner. In the opinion of this Court, the approach of the Court below in debarring the defendant-petitioner from filing his written statement in a suit in which his appearance had to be obtained after substituted service and even thereafter his such written statement, despite three adjournments was not filed, within the prescribed period, cannot be said to be vitiated by any material irregularity and/or jurisdictional error. At this stage, counsel for the petitioner, would submit that even if there was some uncondonable lapses and laches on the part of the defendant-petitioner, he should not be penalized in a way that even his defence in the eviction suit will not be taken into consideration and for this purpose the counsel himself offers to compensate the loss of the plaintiff-opposite parties by way of payment of cost as may be determined by this Court. - 2 - This Court in view of the aforementioned submissions of the counsel for the petitioner as also taking into the consideration this paramount interest of justice would allow the prayer of the petitioner. This court is conscious that on allowing the petitioner to file his written statement the same would cause inconvenience to the plaintiff-landlord who has already been subjected to serious inconvenience by the negligent attitude of the petitioner this court in order to balance the equities would direct the court below to accept the written statement of the defendant-petitioner only if he deposits a cost of Rs. 2500/- (Two thousand five hundred) to the plaintiff- opposite party within a period of one month from the date of receipt/production of a copy of this order. Such cost is to be paid by the petitioner to the plaintiff opposite party for delaying the disposal of the suit at least for a period of one year in seeking appearance and filing written statement. This Court thus taking into consideration the interest of justice and the aforementioned prayer of the counsel of the - 3 - petitioner, would set aside the impugned order and allow the prayer of the petitioner to file his written statement which must be done in a period of one month from the date of receipt of a copy of this Order on payment of cost of Rs. 2500/- (Two thousand five hundred) to be paid by the petitioner to the plaintiff, landlord within the same period. With the aforementioned observation and direction this Civil Revision application is allowed. BCJ (Mihir Kumar Jha, J.)