1> ' •<k.^.f' *S:^ v! HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. 227 No. 4692/2011 PETITIONBR DEFENDANT VBRSU8 RESPONDENT PLAINTIFF Iiidrakunwar Dewangan, W/o Sukhlal Dewangan, aged about 45 years, R/o New Miaes Qiiarter No, 466 Bbatgaon CoUiery, Dist. Sai^uja (C.G.). Star Auto MobUes, Througli Manager, Star Auto Mobfles, Manendragarb Road, Ambikapur, Dist. Sai^uja (C.G.). WRIT PETITION UNDER ARTICLE 227 OP THE CON8TITUTION OP !MD!A. (SB :Hon'Me Mr. T.P.Sharma, J.) Present:- Shri A.K. Prasad, Advocate for the petitioner. Respondent not noticed. ORAL-<MU»BR (Passedoa 18/08/2011) 1. By fhls petition uader Article 227 of fhe Constitution of India petitioner has challenged the legaUly aad propriely of the order dated 25/1/2011 closmg fhe opportunity of filing written statement aud order dated 22/6/2011 passed by 18t Civil Judge Class-1, Ambikapur District Sai^uja (C.G.) ia CivU Suit No. 10- B/2009 whereby Coiu-t below has dismissed the appUcation and penmission to accept written stateanent. 2. After sonie ai^ument, learaed counsel for the petitioner fraukly adniits that petitioner was not vigilaut and has failed to file written stateinent within stipulated tiiue but instead of providing opportunily may be subject to payiiient of cost Court below has taken harsh action. In absence of written stateinent petitioner wouM. not ia position to defend the case and serious prejudice would be caused to the petitioner, 3. Eiofh the orders impugned aud copy of fhc alleged written stateiaeut perused. -^ '^; •:if- '•(' V'F'?^--^—-^.. ^ *ia&:sf%- ?i .1 ~°«»—>;y , c! .^ 4. Cousidering the submission of the counsel for fhe petitioner aud fhe fact ftiat suit for recoveiy of inoney for Rs. 43,036/- aa opportunily of filing written statement to petitioner subject to payuient of cost would be just and proper. In fhese circuiastaaces observaace of procedural law would only be futUe exercise aad caused further delay in trial. Cosneuqntty, petition is allowed. Bofh the orders are set-aside to fhe extent of closiug r^ht to file written statement. Court below shall admit the written statenient filed on behalf of the petitioner subject to payment of cost of Rs. 2,000 f- within 15 days Sxan today to respondent bcfore the trial Court. 5. No order as to costs, ,——— ———. Sd/- T.P. Sharma judge <-