IN THEHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.8835/2007 Ramavtar Sharma Vs. Mahaveer Prasad Sharma & Ors. 10.9.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Gaurav Gupta, for the petitioner. Shri Manu Bhargava, for the respondent. Heard learned counsel for the parties. The petitioner in this writ petition has made the following prayer : “It is, therefore, most humbly prayed that your lordships may graciously be pleased to admit and allow this writ petition and the imnpgned orders dated 30.7.2004 (Annexure1) and order dated 7.9.2007 (Annexure-3) may kindly be quashed and set aside and further directions m,ay be given to take on record the written statement and affidavits produced by the defendants- petitioner. Any other order or relief which this Hon'ble Court deems fit and proper may also be passed in favour of the defendant-petitioner.” It would be seen from the above prayer that the petitioner has challenged the order Annexure-1 dated 30.7.2004 by which the petitioner who is the defendant was not permitted to file the written statement as he failed to file the same within the stipulated period as directed under order 8 rule 1 C.P.C. The petitioner has also challenged the order dated 7.9.2007 (Annexure-3) by which the application submitted by the non-petitioner objecting that the defendant can not be permitted in the absence of the written statement to lead any evidence in rebuttal has been allowed. The learned trial court after having considered the facts and circumstances of the case including the fact that the defendant has been denied the right to file the written statement, has held that the defendant could not be permitted to lead evidence in rebuttal. The above order calls for no interference in writ jurisdiction as in the absence of the written statement there being no plea in defence no evidence can be permitted to be led in defence by the defendant. So far as the order dated 30.7.2004 (Annexure-1) is concerned by which the the defendant was denied the right to file the written statement, the present writ petition has been filed on 22.10.2007 against the order dated 30.7.2004. That is after more than three years delay which can not be permitted. In the facts and circumstance therefore it is directed that in case the petitioner is aggrieved by the ultimate decree that may be passed by the learned court below the petitioner would be entitled to raise the plea in appeal. Subject to the above, this writ petition is accordingly dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS