IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1378 of 2006 STATE OF BIHAR Versus RAGHUVESH PRASAD ----------- 3. 17.11.2008 Heard counsel for the petitioner. The approach of the court below in rejecting the prayer of the defendant petitioner for acceptance of the written statement in the facts of the present case cannot be sustained, inasmuch as true it is that the State was made party but the State has to function through its Officers and employee. When this fact was brought to the notice of the court that written statement of State of Bihar could not be filed in time due to absence of relevant detailed information of the entries of the land in question on account of illness of the concerned Rajaswa Karamchari, who alone could have given the vital detailed information about such entry made in the revenue records, the court below in all fairness ought to have condoned the delay in filing of written statement by allowing such prayer for acceptance of the written statement. Taking into account this aspect of matter, this court would find that the 2 delay of 14 months in filing of written statement on behalf of the State had stood explained and ought to have been condoned by recording an order of acceptance of written statement by imposing cost payable to the plaintiff-opposite party for compensating their loss of time and money in contesting the suit. That being so, this Court would set aside the impugned order by directing the court below to accept the written statement of the State, subject to the condition that an amount of Rs. 3000/- will be deposited by the defendant-petitioner in the court below for its being paid to the plaintiff-opposite party within a period of three months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is allowed. (Mihir Kumar Jha,J.) Surendra/