S.B.CIVIL WRIT PETITION NO.4228/2009 (Smt. Rasani Devi vs. Sher Daljeet Singh & ors.) DATE OF ORDER : 1/5/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.H.R.Chawla, for the petitioner. Heard learned counsel. This petition is directed against the order dated 18/3/2009, whereby, the learned trial court refused to take on record the written statement filed by the defendant no.2 in a suit for cancellation of sale deed. Vide order sheet dated 29/1/2009, it is clear that after service of the defendant through publication the defendant sought time to file written statement and the matter was fixed for 17/3/2009. The written statement was filed on 13/3/2009 itself, however, since it was beyond 90 days of the service, the plaintiff raised an objection and, therefore, on the next date i.e. 18/3/2009 the learned trial court refused to take on record the written statement of defendant on the objection of plaintiff. Having considered the submissions made at the bar and having gone through the impugned order, this Court is of the opinion that learned trial court, in the interest of justice, should have allowed the written statement to be taken on record subject to payment of cost on the defendant. Accordingly, this writ petition is disposed of with the direction to the learned trial court to take on record the written statement of the defendant subject to payment of cost of Rs.500/-. (DR.VINEET KOTHARI), J. item no.11 baweja/-