IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 195 of 2011 Date of decision: 18.07.2011 Amar Nath …. Petitioner Versus Paramjit Singh and others … Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. Ramakant Sharma, Advocate. For the respondents: Mr. Dinesh Thakur, Advocate, for respondent No. 1. V.K. Ahuja, J. (Oral): The present petition under Article 227 of the Constitution of India, has been filed by the petitioner/defendant against the order of the learned trial Court dated 1.4.2011, vide which the defendant has not been permitted to file written statement observing that defence of defendant No. 1 is struck off, since he has not filed the written statement for the last 1½ years, though he has been appearing in Court. 2. Learned counsel for the petitioner submits that service of the petitioner was effected on 5.10.2009 and thereafter, the case was fixed for service of remaining defendants and under this belief, the written statement was not filed by the petitioner. The record of the case is not necessary, since it will only delay the case. It is clear that the petitioner had not taken steps to file the written statement. The 1Whether reporters of Local Papers may be allowed to see the judgment? 2 petitioner was entitled to file the written statement and time could have been extended by the learned trial Court. In view of this, the present petition is allowed and the impugned order is set aside. The petitioner/defendant is permitted to file the written statement subject to ` 500/- as costs payable before the learned trial Court. Accordingly, the written statement shall be filed by the petitioner/defendant before the learned trial Court on the date fixed for hearing or on the short date to be given by the learned trial Court. The petition stands allowed accordingly. Parties through their learned counsel are directed to put up their appearance before the learned trial Court on 24.8.2011. 3. In view of disposal of the main petition, all the pending miscellaneous applications, if any, also stand disposed of. ( V.K. Ahuja ), July 18, 2011 Judge (BSS) 3 4