CW-7428/09-State of Rajasthan & Anr. Vs. Smt. Jeevani & Ors. Judgment dt.27.7.09 1/2 S.B. CIVIL WRIT PETITION NO.7428/2009 State of Rajasthan & Anr. Vs. Smt. Jeevani & Ors. Date of order : 27th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. Sandeep Bhandawat for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 10.10.2006 whereby the learned trial court proceeded ex-parte against the defendant State and did not take on record the written statement filed in the suit filed for declaration and injunction by the plaintiff. The written statement was filed along with the application on 11.3.2003 which came to be rejected after more than 3 years and this writ petition has come up before this Court 3 years thereafter in 2009. A long of period of 6 years has passed only in this rigmarole of procedures. It is indeed unfortunate that the written statement filed only with a delay of 42 days was not taken on record. CW-7428/09-State of Rajasthan & Anr. Vs. Smt. Jeevani & Ors. Judgment dt.27.7.09 2/2 3. According to the learned counsel for the petitioner State, the refusal to take written statement of the State on record virtually amounts to striking off the defence of the State. In the facts and circumstances of the case, this writ petition is disposed of with direction to the learned trial court to take on record the written statement filed by the defendant State and proceed with the trial expeditiously and conclude the same within a period of one year from today. It is expected from the trial court that if such applications with delayed written statements are filed, the same at least should be decided immediately and not after a period of 3 years like in the present case. 4. The writ petition is accordingly disposed of. A copy of this judgment be sent to the opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.19 babulal/