C.R. No. 107 of 2009 18.11.2009 Present: Mr. J. S. Rana, Asstt. Advocate General for the petitioners. Ms. Aruna Chauhan, Advocate, for the respondent. In terms of the impugned order dated 18.4.2009 the right of the State, defendants in the suit, to file the written statement was closed and the written statement filed on the very same day was not taken on record keeping in view the ratio of law laid down by the Apex Court in Rani Kusum versus Kanchan Devi & others, 2005(3) Civil Court Cases (SC) 368. The Court found the delay had not been sufficiently explained. The defendant had orally informed the Court that since voluminous record had to be collected from the various departments the drafting of the written statement had taken time. The explanation furnished is plausible and justified. Even on the oral request the delay could have been condoned. Hence the impugned order is set aside. Delay is condoned. Written statement is directed to be taken on record. Plaintiff may file replication before the next date. Parties are directed to appear before the concerned court on 13.1.2010. Record be immediately sent back. Petition is disposed of. (Sanjay Karol), Judge. November 18, 2009 (PK)