IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 959 of 2007 (M/S) Smt. Kamlesh W/o Yashpal R/o 93 A, Rajpur Road, P.S. Rajpur, Cantt. Dehradun. ……Petitioner. Versus 1. Prescribed Authority/ Civil Judge Senior Division, Dehradun. 2. Sh. Tirloki Nath Gupta, S/o Late Sh. Amar Nath Gupta, R/o 129 A MIGA, Dr. A.S. Raonagar, Hyderabad through his attorney Smt. Aruna Goyal, W/o Sri Rakesh Goyal R/o 93-A Old Rajpur, Dehradun. ………Respondents. Mr. M.C. Bansal, learned counsel for the petitioner. Mr. Sudhir Kumar, learned Brief Holder for the respondent No.1. Mr. V.K. Kohli, Senior Advocate with Mr. T.C. Pandey, learned counsel for the respondent No.2. Date: - 21-12-2009 Hon’ble B.S. Verma J. Heard Mr. M.C. Bansal, learned counsel for the petitioner, Mr. Sudhir Kumar, learned Brief Holder for the respondent No.1 and Mr. V.K. Kohli, Senior Advocate with Mr. T.C. Pandey, learned counsel for the respondent No.2. Admit the writ petition. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the order dated 10-07-2007 passed by the respondent No.1, Prescribed Authority/Civil Judge Senior Division, Dehradun in P.A. Case No. 05 of 2006, Tirloki Nath Vs. Smt. Kamlesh (Annexure No. 1 to the writ petition) whereby the application for recalling the ex-parte order dated 04-06-2007 has been rejected on the ground that earlier also the ex-parte order was set aside on the application of the petitioner but she is continuing to further linger on the matter. 2 On 10-07-2007, an opportunity was given to the petitioner to file written statement. Despite of sufficient opportunity written statement was not filed by the petitioner. During the course of argument, the learned counsel for the petitioner made a statement that the petitioner will not seek any adjournment to file written statement. The case is proceeding ex-parte under Order 9 Rule 7 of C.P.C against the petitioner/defendant. In the interest of justice, the ex-parte order dated 10-07-2007 is recalled so that the release application may be decided on merit. The writ petition is accordingly allowed. However, the petitioner is directed to file written statement within two weeks from today and evidence if any with two weeks thereafter in support of his case before the Prescribed Authority and the trial court is directed to expedite the proceeding of P.A. Case No. 05 of 2006, Tirloki Nath Vs. Smt. Kamlesh, expeditiously, preferably as far as possible within a period of six months from the date of production of certified copy of this order. The petitioner as well as the respondents shall cooperate in the expeditious disposal of the P.A. Case No. 05 of 2006, Tirloki Nath Vs. Smt. Kamlesh. It is made clear that if the written statement is not filed by the petitioner within a period of two weeks from today, the impugned order dated 10-07-2007 shall stand revived. All pending applications stands disposed of accordingly. (B.S. Verma, J.) 21-12-2009 MK