IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Revision No. 137 of 2009 Date of decision : 15.7.2010 ____________________________________________________ Smt. Kaili Devi …Petitioner. Versus Jaypee Himachal Cement Project …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the petitioner : Mr. Ashwani Pathak, Advocate. For the respondents : Mr. Anand Sharma, Advocate. Kuldip Singh, Judge(Oral) The order dated 9.10.2009 passed by learned District Judge, Bilaspur in Civil Suit No.8 of 2009 closing the right of petitioner to file written statement has been assailed by petitioner/defendant in revision. 2. The respondent has filed a suit for Specific Performance of Contract on the basis of agreement dated 1.6.2006. It appears, the petitioner was served on 20.7.2009 in the suit for the date 3.8.2009. The petitioner had time to file written statement upto 90 days from the date of her service. On behalf of the petitioner appearance was given by her counsel in the Court below on 3.8.2009 but on that date no written statement was filed. The suit was fixed on 11.9.2009, on that _______________________ ¹ Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 date also the written statement was not filed. On 9.10.2009 also the written statement was not filed and the right of petitioner to file written statement was closed. After the service of petitioner in the suit on 20.7.2009, the suit was fixed on 3.8.2009, 11.9.2009 and 9.10.2009 when right of the petitioner to file written statement was closed. In normal course the petitioner had time to file written statement within 90 days w.e.f. her service on 20.7.2009. The right of the petitioner to file written statement was closed on 9.10.2009. 3. The suit is for a Specific Performance of Contract; therefore, valuable rights of the parties are involved in the suit. In the facts and circumstances of the case, the learned District Judge should have given at least one more opportunity to the petitioner on payment of costs before closing her right to file written statement. In these circumstances, the order dated 9.10.2009 is set aside. The petitioner is granted one last opportunity of two weeks to file written statement and time will start to run when the parties shall put in appearance before learned District Judge as directed. The parties through their learned counsel are directed to appear before learned District Judge, Bilaspur on 5.8.2010. In case, the written statement is not filed by petitioner within two weeks starting from 5.8.2010 then the right of petitioner to file written statement shall stand close. The petition is disposed of on the above terms. The record of the learned District Judge be sent back immediately, so as to reach before the date fixed. No costs. July 15, 2010 (Kuldip Singh) (sks) Judge.