1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.9506 of 2007 . Ghanshyam Sharma S/o. Shri Radheyshyam @ Nathu Lal & Another VERSUS Girish Kant Pandi son of Shri Jaywant Rao Pandit & another Date of Order :::: 21/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Arvind Bhardwaj, Counsel for the Petitioners. Mr. Champesher Goyal, Advocate for Mr. Mahesh Narayan Sharma, Counsel for the Respondents Per Court : Heard learned counsel for the parties. This writ petition has been preferred against the order dated 13.09.2007 by the defendants, whose application seeking permission to file the written-statement has been dismissed. It is contended by the learned counsel for the petitioners that the learned trial Court has taken into account the period spent, which was taken for filing the written-statement prior to the dismissal of the suit in default between 1994-1995, 2 whereas as many as eight-years from 1998 to 2004 were spent in allowing the application for restoration of the suit to its original number and thereafter the defendants again submitted an application for permission to file the written-statement. Though, as such an application had already been filed on 22.08.1995, which had not been decided prior to the dismissal of the suit in default. Learned counsel appearing for the respondents submitted that in three-years even after the restoration of the suit the defendants did not agitate the matter with regard to his right to file the written-statement and deciding his application filed in the year 1995 before the learned trial Court. In the facts and circumstances of the present case as has been mentioned above, the period from 1994 to 2004 in its totality could not be taken into account, I deem it just and proper to afford an opportunity to the petitioner for filing the written-statement, subject to payment of costs of Rs.2,000/- to the plaintiff. It is made clear that the defendants would file the written-statement before the learned trial Court on the date already fixed before it along with a certified copy of this order and no further time shall be allowed. The writ petition stands disposed of as above. (Dalip Singh) J. ashok/