S.B. CIVIL WRIT PETITION NO.1155/2010 Liyakat Ali Vs. M/s Inpex Agro Food, Jodhpur & Ors. Date of order : 10th February, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ashok Patel for the petitioner. ------- 1. This writ petition is directed against the order dated 9.1.2010 (Annex.5) whereby the learned trial court has refused to take on record the reply to the counter claim filed by the present petitioner which was delayed by 8-9 days after taking into account the prescribed period of 90 days which could be extended by the learned trial Court under Section 148 C.P.C. 2. Having heard learned counsel and in the facts and circumstances of the case, this Court considers it expedient, in the interest of justice to direct the learned trial court to take the said reply to the counter claim on record filed by the present petitioners subject to payment of cost of Rs.1,000/- to the opposite party. 3. With these observations, this writ petition is allowed. Copy of this judgment be sent to opposite parties and trial court. [ DR. VINEET KOTHARI ], J. item No.4 babulal/