S.B. CIVIL WRIT PETITION NO.1083/2009 Nema Ram Vs. Dawar Ram & Anr. Date of order : 5th October, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.P. Soni for the petitioner. Mr. Raja Ram Choudhary for Mr. S.D.N. Bhatt for the respondents. ------- This writ petition is directed against the order dated 3.11.2008 whereby the written statement filed by the defendant- petitioner with delay of few days after service of summons of the learned trial court was not taken on record and the prayer for extention of time under Section 148 C.P.C. was rejected by the learned trial court. Considering the submissions made at the Bar and in view of the short delay in filing the written statement, this Court is of the opinion that such delay of 7-8 days could be condoned in the facts and circumstances of the case and such written statement could be taken on record subject to payment of cost of Rs.1,000/- in favour of the plaintiff. Accordingly, this writ petition is allowed and the impugned order dated 3.11.2008 is set aside and the learned trial court is directed to take on record the written statement filed by the petitioner-defendant subject to payment of cost of Rs.1,000/- to the plaintiff. The writ petition is accordingly disposed of. [ DR. VINEET KOTHARI ], J. item No.56 babulal/