IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1205 of 2008 BHIM SINGH & ORS Versus KARIMUN NISHA ----------- 2 18.09.2008 Heard counsel for the petitioners. In the opinion of this Court, the impugned order rejecting the prayer of the petitioners to accept the belated written statement filed by him, cannot be said to be erroneous keeping in view the provisions of Order VIII Rule 1. The Court below has noted that in a suit filed in the year, 2007 the defendants- petitioners had appeared on 29.10.2007 and when the hey did not file their written statement within a period of 90 days they were debarred from filing of the written statement. The Court below has further noted this almost after three months of such order debarring them to file their written statement, they choose to file written statement on 7.5.2008 and thereafter filed the application on 11.6.2008 for recalling the order dated 18.2.2008. The Court below has in fact also examined the possible plea which were raised by the petitioners for not filing written statement in time and has come to a conclusion that they cannot be believed because they were never spelt out in the period, the petitioners after appearing in the suit, were seeking adjournment for filing a written statement. - 2 - One thing however, is clear that the petitioners have not intentionally delayed in filing of the written statement. Moreover, the delay has also not adversely affected the plaintiff because issues have not yet been framed. On the other hand, if the petitioners are not allowed to contest the suit by taking his written statement on record, they would definitely suffer from irreparable loss. Counsel for the petitioners submitted that petitioners are poor persons and therefore, they are not in a position to compensate the loss of the plaintiff by payment of substantial amount of cost. Considering all these aspects, this Court in the interest of justice, would allow this application by directing the Court below to accept the written statement of the petitioners on record on furnishing proof of payment of cost of Rs. 1500/- within a period of one month from the date of receipt/production of a copy of this order, showing such payment of cost by them (petitioners) to the plaintiff. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)