IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1401 of 2008 HARINANDAN PRASAD SINHA Versus DIWAKAR & ORS ----------- 2. 1.9.2008 Heard counsel for the petitioner. Counsel for the petitioner would urge that it was on account of some unforeseen difficulty the petitioner could not appear in time and contest the suit. He would, accordingly, submit that if the petitioner is debarred from filing written statement, it would cause irreparable injury to him. Counsel, however, realizing that on account of deliberate or otherwise negligent attitude of the petitioner the plaintiffs were harassed and accordingly, would himself offer to compensate the loss suffered by the plaintiffs at least in monitoring terms. Counsel would offer a sum of Rs. 5000/- by way of such compensation. Considering the fact that the plaintiffs were put on hold and will now again be required to follow the footsteps of the defendant petitioner after being allowed to contest the suit and after acceptance his written statement will force the plaintiffs to contest the suit de novo, this Court 2 would award a cost of Rs. 8000/- to be paid by the petitioner to the plaintiffs within a period of one month from the date of receipt/ production of a copy of this order, whereafter the written statement filed by the petitioner will be taken on record and the petitioner will be allowed to contest the suit. With the aforementioned observation, this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/