S.B. CIVIL WRIT PETITION NO.6948/2009 Smt. Raju Vs. Kanhaiya Lal. Date of order : 20th July, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.K. Bhaiya for the petitioner. ------- 1. This writ petition is directed against the order dated 6.4.2009 whereby the learned trial court refused to take on record the statement filed by the petitioner-defendant as the same was filed belatedly. 2. Learned counsel for the petitioner-defendant submits that the defendant was suffering from disease and the medical certificate has been produced and, therefore, the delay of 120 days deserves to be condoned. 3. Having heard learned counsel and in the facts and circumstances of this case, this writ petition is disposed of with direction to the learned trial court to take the written statement filed by the defendant on record subject to payment of cost of Rs.1,000/- payable to the plaintiff for delay. Copy of this judgment be sent to opposite party as well as to learned trial court. [ DR. VINEET KOTHARI ], J. item No.22 babulal/