IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.144 of 2007 SHEIKH ISRAT Versus ASIYA PRAVEEN & ORS ----------- 2. 12.5.2009 As may appear from the various orders which have been placed on record of the present revision, the present petitioner and other defendants had been debarred from filing written statement. This is indicated by the order dated 19.6.2006 that an order for amending the complaint was filed without serving the copies of any of the defendant except defendant no.2. The grievance of the petitioner is that he might have been debarred from filing his written statement but he has not been debarred from contesting the suit and as such he was entitled to have the copy of the petition seeking amendment in the complaint petition. His views on that, through argument, at least resist the prayer but that procedure has not been adopted and it appears that the order has been passed against the settled principle of law and that goes. Debarring the defendant from filing written statement does not prove that he is completely out of the court, he could very well - 2 - contest the suit by corss-examining the witnesses and in certain cases by giving his own evidence in rebuttal of the evidence adduced by the plaintiff. Debarring the defendant from filing written statement does not mean that he is ousted from the suit. His right to contest survives and he has a right to rejoin some issues of the nature as was decided by the learned court below by passing the amendment order which was in effect ex-parte, the same is hereby set aside by allowing the present revision. The court below is directed to take up the hearing of the petition for amendment after ensuring the copy of the same is served upon all the defendants. B.Kr. ( Dharnidhar Jha, J. )