IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1586 of 2008 RAWAN MAHTO & ORS Versus JAMODAR PRASAD YADAV & ORS ----------- 2. 18.9.2008 Heard counsel for the petitioners. In the opinion of this Court the prayer rejecting the prayer of the petitioners to allow them to file their written statement strictly speaking does not suffer from any error of law. The petitioners had appeared on 12.10.2007 and having not filed any written statement in next 90 days the court below by the order dated 20.2.2008 debarred them from filing such written statement. It was almost after 3 ½ months that the petitioners had filed their written statement on 6.6.2008 and thereafter had made a prayer on 11.6.2008 for recall of the aforementioned order dated 20.2.2008 and that has been rejected on the ground that the plea which was being taken for recall was never made known to the court during the period the petitioners kept on seeking adjournment for filing of the written statement. That being so, this Court ordinarily would not have interfered with 2 the impugned order but now when the petitioners would contend that in absence of written statement the whole issue will be decided virtually ex parte and that cause irreparable loss to the petitioners, this Court considering the ends of justice would direct the court below to accept such written statement already filed by the petitioners by taking it on record and allowing the petitioners to contest the suit provided they pay a sum of Rs. 1500/- by way of cost which will be paid to the plaintiff within a period of 15 days from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha,J.) Surendra/