1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.8720/2008. Prahlad adopted son of Late Ramji Lal. VERSUS Addl. Distt. & Sessions Judge, Gangapurcity & Others. 15.01.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.D.K.Dixit, for the petitioner. Mr.O.P.Pareek, for the respondents. ***** Heard learned counsel for the parties and perused the impugned order dated 21.07.2008 by which the written statement which was already filed by the defendant on 26.03.2007 was not permitted to be taken on record on the objection being filed by the plaintiff. The learned trial court, as has been mentioned in the impugned order, has recorded that though the case was adjourned but no time was sought for filing the written statement by the defendant and ultimately after the lapse of nearly seven months, the written statement came to be filed on 26.03.2007 on which date the plaintiff objected to the same being taken on record which objection has been upheld. 2 Learned counsel for the petitioner submitted that the defendant could not be contacted by his counsel, though the written statement was ready, on account of the fact that the mobile telephone number of the defendant which had been furnished by the defendant- petitioner to his counsel was changed and the learned counsel for the defendant kept on trying to contact the defendant on the old mobile telephone number. The aforesaid fact is of course disputed by the learned counsel for the plaintiff. It is submitted by the learned counsel for the plaintiff that this fact has not been stated in any affidavit submitted by the defendant but on the contrary it has been submitted by the counsel for the defendant when this was the fact within the special knowledge of the defendant himself he should have filed the affidavit to this effect. I have considered the above aspect of the matter and I find that the present one is not a case where the defendant has tried to avoid the filing of written statement as he had briefed his counsel who had in 3 fact prepared the written statement to be filed in court, though, it was the duty of the defendant to have made his counsel aware about his new mobile telephone. In the facts and circumstances, the ends of justice would be met if the plaintiff is compensated by the cost and the written statement filed by the defendant is ordered to be taken on record. In the facts and circumstances, subject to the payment of cost of Rs.2,000/- to the plaintiff before the learned trial court by the defendant, the written statement is ordered to be taken on record. This writ petition accordingly stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.