1 WP No.7477/08 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7477 of 2008 Shri Raghunath Tukaram Jare and ors. ... Petitioners versus Vithoba Nema Jare ... Respondent ... Mr.Vilas B. Tapkir for the petitioners. Mr.Dilip Bodke for respondent. CORAM : D.G. KARNIK, J DATED : 22nd June 2011 P.C. 1. Rule returnable forthwith. Mr.Bodke waives service for respondent. By consent heard forthwith. 2. This petition is directed against the order dated 18 August 2008 rejecting the petitioners’ application dated 9 April 2008 for condonation of delay in filing the written statement and accepting the written statement by setting aside “No WS order”. The suit summons was served on the petitioners sometime in December 2007 as per the bailiff’s report dated 31 January 2008. The petitioners appeared and applied for time to file written statement which was granted. However even before the expiry of period of 90 2 WP No.7477/08 days which is the maximum period permitted under Order 8 Rule 1 of the Code of Civil Procedure, “No WS order” was passed. By an application dated 9 April 2008, petitioners applied for setting aside of the “No WS order” and taking the written statement on record. That application has been rejected by the impugned order. The petitioners are illiterate persons. Some of the petitioners are rustic ladies and some are old and infirm, one of them being even more than 80 years old. The delay caused is not substantial and is 30 days or less. In the circumstances, it would be too harsh to allow the suit to proceed ex-parte without granting an opportunity to the petitioners to file written statement. The suit is for partition. In the facts and circumstances of the case, an opportunity can and ought to be given to the petitioners to file written statement but subject to payment of costs. In the circumstances, petition is allowed. Impugned order is set aside and the petitioners are permitted to file the written statement subject to payment of costs of Rs.500/-. (D.G.KARNIK, J)