CMPMO No.114 of 2008. 02.07.2008 Present: Mr.Naresh Kumar Thakur, Advocate, for the petitioner. Mr.R.K. Bawa, Senior Advocate with Mr.Naveen K.Bhardwaj, Advocate, for the respondent. This petition under Article 227 of the Constitution of India has been moved by defendant No.1 before the learned trial Court against the order dated 18.2.2008, whereby defendants No.1 and 3 have been proceeded ex-parte. According to the learned trial Court written statement has not been filed by them despite repeated opportunities. Learned counsel appearing for the petitioner has drawn my attention to the averments made in paragraph-3 pleading therein that the written statement has been prepared in time but for the reasons that the Presiding Officer was on leave etc. it could not be filed. I have heard learned counsel appearing for the parties. The order which has been passed, takes a very technical view of the matter. It is by now well settled that the Court should adopt a justice oriented approach. The case is at its initial stage and no harm is likely to ensue to the plaintiff. In these circumstances, this petition is allowed subject to the condition that the petitioner-defendant herein shall pay costs of Rs.1,100/- to the respondent-plaintiff. He will also file the written statement on the first date of appearance before the learned trial Court. Costs shall also be paid on that date. The parties are directed to appear before the learned trial Court on 12th August, 2008. The matter shall thereafter proceed in accordance with law. Dasti copy on usual terms. July 2, 2008 (Dev Darshan Sud) (aks) Judge.