1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7883 OF 2006 Khandu Ganu Kokhande & Ors. .. Petitioners Versus Chandrabhaga D. Lokhande & Ors. .. Respondents Mr.Abhijit Kadu i/by Mr.U.B.Nighot for the petitioners. CORAM : A.S.OKA, J. DATE : 23 rd July 2009. P.C.: . Heard learned counsel appearing for the petitioners. He states that 1 st to 3 rd respondents who are the original plaintiffs have been duly served with the notice. He states that even other respondents save and except respondent no.4 is served with the notice. He seeks permission to delete the name of respondent no.4. Permission is granted. The 1 st to 3 rd respondents filed a suit for partition and separate possession. The present petitioners are 1 st and 2 nd defendants in the said suit. On 23 rd June 2006 an application was made by the petitioners for setting aside the order of the trial Court directing that the suit 2 will proceed without written statement. The said application has been rejected by order dated 05 th September 2006. The order rejecting the said application is subject matter of challenge in this writ petition under Article 227 of the Constitution of India. The suit was filed by the 1 st and 2 nd respondents on 05 th September 2005. On 23 rd June 2006 the application on which impugned order has been passed was filed. It is stated in the application that the petitioners are illiterate and they could not obtain relevant documents for drafting the written statement and therefore, there was a delay in filing the written statement. The said application has been rejected by the impugned order. Considering the ground set out in the application, a case was made out for permitting the petitioners to file the written statement. The learned trial Judge has taken hyper-technical view of the matter. 2. Hence, I pass the following order: : O R D E R : (a) The impugned order dated 05 th September 2006 is quashed and set aside. 3 (b) Application made by the petitioners on 23 rd June 2006 is allowed. (c) The trial Court is directed to take the written statement of the petitioners on record. (d) The writ petition is disposed of accordingly. (e) The Civil Application No.1807 of 2008 is disposed of. (A.S.OKA,J)