: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2900 OF 2008 NOTICE OF MOTION NO.2900 OF 2008 NOTICE OF MOTION NO.2900 OF 2008 IN IN IN SUIT NO.1211 of 1992 SUIT NO.1211 of 1992 SUIT NO.1211 of 1992 P.R.Gupta .. Plaintiff. Versus Mr.Shyamdevi R.Agarwal & Ors. .. Defendants. Ms.G.A.Jain for the plaintiff. Mr.I.M.Vora for defendant Nos.1 and 2. Mr.J.P.Singh for defendant Nos.4 and 5. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 12th September, 2008. DATE : 12th September, 2008. DATE : 12th September, 2008. P.C. :- P.C. :- P.C. :- 1. The defendant No.2 has taken out this motion to have the order dated 7.2.1997 passed by the Prothonotary & Senior Master and order dated 11.6.2008 passed by the court set aside and take the written statement on record filed on behalf of defendant Nos.1 and 2. : 2 : 2. The pleadings in the motion are complete. I have heard learned Advocates on behalf of defendant Nos.1 and 2 as well as Ms.Jain learned Advocate for the plaintiff. An explanation is sought to be given by defendant Nos.1 and 2 as to why they could not file the written statement. The emphasis on the said explanation is as regards the conduct of the Advocate which was attending to the matter. I am inclined to grant the order as prayed for by the defendants, keeping in view the fact that the present suit is for administration of the estate of late R.P.Agarwal, the father of plaintiff and husband of defendant No.1. In my view, defendant Nos.1 and 2 can be permitted to file written statement, subject, of course paying to the plaintiffs costs quantified at Rs.5,000/-. Hence the order :- O R D E R O R D E R O R D E R i) Notice of motion is made absolute in terms of prayer clauses (a) and (b). ii) Defendant Nos.1 and 2 to pay to plaintiff quantified costs of Rs.5,000/-. Costs to be paid : 3 : on or before 19.9.2008. iii) Written statement tendered by learned Advocate for defendant No.1 will be taken on record subject, of course, complying with the costs. 3. Suit set down for hearing of motion taken out by defendant Nos.4 and 5 on 22.9.2008. Office to send the said motion papers before 22.9.2008 in court. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)