IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1839 of 2008 SHEONATH TIWARY Versus INDU DEVI ----------- 3. 10.12.2008 Heard counsel for the petitioner. In the opinion of this Court there was not much option left to the court below in the matter of acceptance of the written statement filed by the defendant petitioner. It is an admitted fact that in the suit of the year 1999 the petitioner had appeared in the year 2000 upon service of summons and did not choose to file written statement. Even when issues came to be framed in the year 2005, the court ultimately had debarred the defendant petitioner from filing written statement by an order dated 21.4.2007. This case was heard earlier and the counsel for the petitioner had sought time to take instructions as with regard to mode and manner in which the defendant petitioner would likely to compensate the loss of the plaintiff- opposite party in case this Court would allow the prayer of the petitioner for acceptance of written statement. Today counsel for the petitioner has offered a sum of Rs. 8000/-, Rs. 1000/- for each year, for 2 the delay caused by the defendant petitioner in filing of the written statement. This Court taking into consideration the interest of justice as also that the plaintiff would be partly recovering her loss by way of getting a sum of Rs. 8,000/- from the petitioner, would allow the prayer of the petitioner for acceptance of the written statement. That being so, this Court would direct the court below to accept the written statement of the petitioner filed on 25.5.2007 provided a sum of Rs. 8000/- is paid by the petitioner to the plaintiff- opposite party by depositing the said amount in the court within a period of one month from the date of receipt/ production of a copy of this order. Upon depositing of the said amount the court below will proceed from the stage of framing of issues and would allow the defendant petitioner to contest the suit on merit. With the aforementioned observation, this application is allowed. (Mihir Kumar Jha,J.) Surendra/ 3