IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1828 of 2008 SHOBHAKANT JHA & ANR Versus SABUJ DEVI & ORS ----------- 2 12/11/2008 Heard counsel for the petitioners. In the opinion of this Court interest of justice would require that the petitioners, defendants in the suit are allowed to contest the suit on merits. It is true that they have defaulted in filing their written statement, but taking into consideration the situation which were narrated by the petitioners in their application, the court below ought to have allowed said prayer of the petitioners for accepting their written statement even by way of compensating the plaintiffs by imposing some cost on the defendants, petitioners. In that view of the matter, this Court would allow this application and would direct the court below to take the written statement of the petitioners on the record providing the petitioners pay a sum of Rs. 2,500/- to the plaintiffs within a period of one month from the date of receipt/production of a copy of this 2 order. With the above observation this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar