IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.772 of 2008 MD. ABBAS Versus SRI DURGA NATH MISHRA & ORS ----------- 6. 28.8.2008 Heard Counsel for the parties. Having considered the facts and grounds mentioned in the application i.e. I.A. No. 3129 of 2008, for condoning the delay of 30 days in filing of the civil revision application, being not opposed by the counsel for the opposite parties, is hereby allowed and such delay is condoned. Coming to the merits of this case, this Court would find that the impugned order rejecting acceptance of written statement on account of its being delayed by seven months is too harsh and cannot be sustained. It has to be noted that the suit is for specific performance of contract and other defendants were yet to appear on the date when the impugned order was passed. Such debarring of the petitioner, the sole contesting defendant from filing his written statement infact would have a fatal consequence of decreeing the suit of the plaintiff on admission. In that view of the matter the court below ought to have balanced the equities of Govt. sides by allowing the prayer of the petitioner by taking their belated written statement on record after compensating the loss and 2 inconvenience caused to plaintiffs due to delay in filing of written statement by awarding any reasonable amount of cost against the petitioner as held by the Apex Court in the case of Kailash Vs. Nanhaku reported in AIR 2005 S.C. 2441. Be that it may, this court on the basis of materials on record is of the view that the petitioner has definitely made out a case for such acceptance of his written statement. Thus the Court taking into consideration of the facts and circumstances of this case as also the interest of justice requiring an effective opportunity to the petitioner to contest the suit of specific performance of contract would allow this application by setting aside the impugned order and direct the court below to take the written statement of the petitioner on record. Considering, however, that the plaintiff opposite parties have been definitely put to some harassment and inconvenience on account of delay in filing of the written statement this Court would award a cost of Rs. 2500/- (Two thousand five hundred) to be paid by the petitioner to the plaintiff within a period of one month from the date of receipt/ production of a copy of this order and only on such deposit of the cost within the aforementioned period, the 3 Surendra/ written statement of the petitioner shall be accepted and taken on record of the suit by the court below. With the aforementioned observations and directions this application is the extent indicated above is allowed. ( Mihir Kumar Jha,J.)