IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1997 of 2008 BUTAI HARIJAN Versus NAGEENA RAM & ORS ----------- 2 2/12/2008 Heard counsel for the petitioner. The court below has debarred the defendant-petitioner from filing the written statement on 27.5.2008, i.e, precisely two months after his appearance on his own volition on 27.3.2008. Counsel for the petitioner would submit that as a matter of fact summons were issued fixing the date 15.4.2008 and therefore the court below should not have applied the provisions of Order-VIII Rule 1, so strictly. Counsel for the petitioner has also shown willingness of the petitioner to compensate loss of the plaintiffs-opposite parties on account of delay in filing of written statement and he would quantify the same to an amount of Rs.500/- only. Considering facts of this case this Court would direct the court below to accept the written statement of the petitioner provided it is filed within a period of fifteen days from the date of 2 receipt/production of a copy of this order along with a cost of Rs.1000/- to be paid by the petitioner to the plaintiff-opposite party. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar