IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8113 of 2011 MAHESHWAR YADAV & ORS. Versus RAMPATI DEVI ----------- 4. 10.05.2011 Upon hearing learned counsel for the petitioners and on going through the record, it is evident that the law laid down by the Apex Court in the case of Lal Babu Choudhary & Anr. Vs. State of Bihar & Anr. reported in 2009 (1) PLJR 286, was not brought to the notice of Munsif. Therefore, the Court could not advert upon it, the order is set aside and the matter is remitted back to the trial Court to reconsider the application of the petitioners for condonation of delay for filing of written statement in light of the law laid down in the case of Lal Babu Choudhary (supra). The petition is disposed of. Anand Kr. ( Prakash Chandra Verma, J.)