1 S.B. CIVIL WRIT PETITION NO.4659/2007 Chandra Singh Jain. vs. Sampat Lal and ors. Date : 15.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.A Shukla, for the petitioner. - - - - - Heard learned counsel for the petitioner as nobody appeared on behalf of the respondents despite service. The petitioner is aggrieved against the order of the trial court dated 4.5.2007 by which the petitioner's written statement filed in the trial court was taken out of record on the ground that it was not filed within 30 days period from the date of service of summons. The petitioner/defendant no.1 was served with the summon of suit on 27.11.2006. The written statement could have been filed within 30 days i.e. by 26.12.2006 but it was filed on 24.2.2007. The plaintiff raised objection of not seeking permission of the court for filing the written 2 statement after delay. The trial court accepted the said objection of the plaintiff. This court while admitting the writ petition against the order dated 4.5.2007, by interim order directed the trial court to proceed with the trial after treating the written statement on record considering it to be filed within time. Inspite of service of notice of this writ petition, nobody has appeared on behalf of the respondents to oppose the writ petition despite the fact that the order was passed on 7.8.2007. It appears from the impugned order that there was some delay in filing the written statement but the written statement has already been filed and the Court had jurisdiction to extend the time for filing the written statement, then there appears to be no reason for the trial court to not extend the time upto the time when the written statement was filed by the petitioner and in the facts of the case, the trial court should not have denied filing of written statement rather say should not have taken out the written statement already filed by the petitioner. In view of the above, this writ petition is 3 allowed, the order dated 4.5.2007 is set aside and the written statement shall be treated to be on record as if it has been filed within time. (PRAKASH TATIA), J. S.Phophaliya