IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.33 of 2011 Date of decision: 7.1.2011 ------------------------------------------------- Tek Chand. Petitioner Versus Dharam Chand. Respondent Coram: The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting1? No. For the petitioners: Mr. Neeraj Gupta, Advocate. For the respondents: V.K.Ahuja (Oral). The present petition has been filed by the petitioner who is the defendant before the learned trial Court, against the order passed by the learned Civil Judge (Senior Division), Chamba dated 3.11.2010 vide which the i right to file written statement by the petitioner was closed by order of the Court . 2. I have heard the learned counsel for the petitioner and have gone through the certified copy of the impugned order passed by the learned trial Court wherein it was observed that the case has been fixed for filing the written statement from 9.6.2010 onwards and since 90 days have expired and there is no justification to give another date and accordingly the right to file the written statement was closed. 3. After going through the order passed by this Court, I am of the opinion that one opportunity should be given to the petitioner-defendant to Whether the reporters of Local Papers may be allowed to see the Judgment? Yes. 2 file written statement and accordingly, the present petition is allowed and the impugned order is set aside subject to payment of Rs.300/- as costs by the petitioner to the respondent-plaintiff. 4. The petitioner is directed to put up appearance before the learned trial Court on 15.2.2011 who, shall issue notice to the plaintiff and proceed with the case. Written statement shall be filed within 30 days from the date of appearance. 5. A copy of this order be sent to the learned trial Court forthwith. Copy Dasti. January 7, 2011 ( V.K. Ahuja ),J. (SDS)