IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1813 of 2008 BALRAM MANDAL & ORS Versus RAMDEO MANDAL & ORS ----------- 2 7/11/2008 Heard counsel for the petitioners. In the opinion of this Court, the court below ought to have given one opportunity to the petitioner to explain his illness, a factor which led to delay in filing of his written statement. In any event, interest of justice would require that the petitioner is allowed to contest the suit on merit especially when there is averment to the effect that the petitioner was suspected case of Cancer, a chronic disease. This Court would allow prayer of the petitioner for acceptance of his written statement which was filed on 21.9.2007 after causing delay of almost one year and one month from the date of his appearance. That being so, the petitioner’s written statement will be taken on record on payment of cost of Rs. 2,500/- to be paid by the petitioner to the plaintiff within a period of one month from the date of receipt/production of a copy of this 2 order. This application is accordingly allowed. ( Mihir Kumar Jha, J. ) Abhay Kumar