IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2039 of 2008 PRADEEP KUMAR TIWARY Versus SANT SHARAN DAS & ORS ----------- 2 5/12/2008 Heard Mr. B.K.Shukla, learned Senior counsel appearing on behalf of the defendant- petitioner. This Court would not find any jurisdictional error in the impugned order in accepting the written statement filed by the defendant-petitioner by recalling its earlier order dated 2.12.2002. As a matter of fact such order being in favour of the petitioner was not even required to be assailed before this Court in this application. Grievance of the petitioner, however, against the impugned order is confined to the extent that the Court was under obligation to first pass an order on an application filed by the defendant-petitioner for rejecting the plaint under Order VII, rule 11 of the Code of Civil Procedure, is again misconceived. The written statement has got nothing to do with rejection of the plaint. The plaint alone has to be examined as a whole for exercising of power under Order VII, rule 11 of the C.P.C. as no other document has to be taken into consideration. As a matter of fact, it was defendant-petitioner who unnecessarily 2 prolonged and delayed in filing of written statement in the suit of the year 2002. The Court, however, is expected to pass an order on any interlocutory application including one filed by the defendant- petitioner at an early date, keeping in mind that such pending application(s) not only causes delay in disposal of the main suit, but as a matter of fact allow the main issue in the suit to be side tracked. The Courts therefore have to be wary and vigilant is disposing of all such interlocutory matter expeditiously. Thus when an application had been filed by the petitioner seeking rejection of plaint on 25.5.2005 that ought to have been disposed of without giving opportunity to the petitioner to make any complain on this score. Be that as it may, this Court does not find any error in the impugned order. Accordingly, this application is dismissed with the aforementioned observation. (Mihir Kumar Jha,J.) Abhay