S.B. CIVIL MISC. WRIT PETITION NO.5363/2008 Mohan Lal Vs. Civil Judge (S.D.), Raisinghnagar & Ors. Date of order : 18th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.L. Joshi for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 21.4.2008 whereby the learned trial court has refused to take on record the written statement filed by the defendant. 3. The learned trial court in the impugned order has observed that in the suit filed in the year 2004 several opportunities have been granted to the defendant counsel in the year 2004 and 2005 specifically on 21.3.2005, 3.5.2005, 24.5.2005 and 5.7.2005. The last opportunities were again granted by the trial court on 25.7.2006 and thereafter on 29.8.2006 and 16.10.2006. 4. The learned counsel for the petitioner defendant has urged that since the counsel for the defendant remained negligent and did not inform the defendant and he also pleaded no instruction before the trial court, the said lapse occurred on the part of the defendant. 5. Having heard learned counsel and upon perusal of the impugned order, this Court is satisfied that more than sufficient time has been allowed to the defendant or his counsel to file the written statement much beyond the prescribed time limit in the Civil Procedure Code. If the counsel for the defendant was negligent,it was for the defendant to pursue the matter either himself or by engaging some other lawyer concerned. The process of Court cannot be allowed to remain at mercy of such negligent counsel or of the defendant. The learned trial court has not committed any error in passing the impugned order. 6. The writ petition is dismissed for want of merit. [ DR. VINEET KOTHARI ], J. item No.3 babulal/-