^s ^^o^ HIGH COURTOF CHHATTISGARH, BILASPUR PETITIONER/: (Defendant) RESPONDENTS: Writ Petition (Art. 227) No.6577of2010 P. Dayanand, son of Shri Ram Bachan Pandey, aged about 34 years, Presently working as Chief Executive Officer, Zila Panchayat, Dantewada, District Dantewada, Chhattisgarh Versus 1. Rajendra Gayakwad, son of Shri T. Gayakwad, aged about 49 years, occupation Govt. Service (Suspended Superintendent), Central Jail, Ambikapur, District Sarguja, Present Address Jail Head Quarter, Raipur, District Raipur, Chhattisgarh. (Plaintiff) 2. State of Chhattisgarh, Through Collector, Sarguja, Ambikapur, District Sarguja, Chhattisgarh. (Respondent No.2) {Writ petition under Article 227 of the Constitution of India} Present: Mr. C. Jayant K. Rao,counsel for the petitioner. Mr. S.D. Singh, couhsel for responde.nt No.1. Mr. Akhil Agrawal, Panel Lawyerforthe State/respondent No.2. Sinale Bench: Hon'ble Mr. T.P. Sharma.J ORAL ORDER (17-8-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 21-9- 2010 passed by the 1 eivil Judge Class-l, Ambikapur in Civil Suit No.12B/2009 wherebywhile dismissing the application filed under Order 7 Rule 11 of the CPC, the Court below has closed the opportunity of filing-written statement, of the petitioner herein on the ground that time fpr filing written statement has already been elapsed. 2. 1 have heard learned counsel for the parties, perused the order impugned and copies of other documents. .-•s^*'13^", 't.\':1.. i-si'as'sa'a>-, s l^^g^T^ ^j •—"-^y '%^yf Si yoma 3. Learned counsel for the petitioner frankly admits and prays that on account of pendency of application filed under Order 7 Rule 11 of the CPC, defendant No.l/petitioner herein has not filed written statement and has committed the mistake. Learned counsel submits that one opportunity of filing written statement be allowed to the petitioner herein subject to payment of cost. 4. Without further comment, the order impugned dated 21-9-2010 passed by the 1st Civil Judge Class-l, Ambikapur in Civil Suit No.12B/2009 is set aside to the extent of closing opportunity of filing written statement subject to payment of cost of Rs.1,000/- to the plaintiff/respondent No.1 herein within fifteen days from today along with copy of written statement. The petitioner herein may file his written statement within fifteen days from today after payment of aforesaid cost. 5. The petition stands disposed of. No order as to costs. Sd/- '• P. Sharma Judge