1/2 S.B.CIVIL WRIT PETITION NO.8593/2009 (Kanhaiyalal & Anr. vs. Manju Gurjar) DATE OF ORDER : 4/9/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Dr.A.A.Bhansali, for the petitioner. Heard learned counsel for the petitioner. By the impugned order dated 28/7/2009 the learned trial court has rejected the application under Section 148 CPC and refused to take the written statement filed by the defendant petitioner in a suit of cancellation for sale deed. Learned counsel Mr.Bhansali submitted that the delay was on account of bonafide reason as he was in custody in connection with some criminal case and, thereafter upon falling sick he could not file written statement within time and, therefore, the delay deserves to be condoned in the facts and circumstances of the case. Having heard the learned counsel and upon perusal of the reasons given in the impugned order, this Court is of the opinion that in the interest of justice the slight delay caused in filing the written statement deserves to be condoned subject to payment of cost of Rs.1000/- by the petitioner. 2/2 Accordingly, this writ petition is allowed and written statement filed by the defendant petitioner may be taken on record subject to payment of cost of Rs.1000/- to the plaintiff. Copy of this order be sent to opposite side. (DR.VINEET KOTHARI), J. item no.s/1 baweja/-