A-44 % 12.09.2011 Present; Mr.Ajit Kumar Singh, Advocate for the petitioner. +CM (M) No. 1054/2011 & CM Nos.16949-50/2011 * The order impugned before this Court is the order dated 20.07.2011 vide which the defence of the defendant had been struck off; the matter was fixed for evidence of the plaintiff. Record shows that the present suit is a suit for recovery. The defendant had been served on 04.06.2011 and 30 days time for filing of written statement expired on 04.07.2011; there was a delay of 15 days when the application under Order 8 Rule 1 of the Code of the Civil Procedure (hereinafter referred to as the 'Code') was filed by the defendant seeking permission of the Court to file the written statement. The contention in the application is that the defendant was sick man being more than 60 years old; he had contacted his lawyer in the month of June but being summer vacation he could not take legal advice and as such the written statement could not be filed in time. A valuable right would be lost to the defendant if he is not allowed to contest the suit on merits. As noted supra, the present suit is a suit for recovery. In the interest of justice, impugned order dated 20.07.2011 is accordingly set aside; this order is passed subject to payment of cost of Rs.8,000/-. Written statement now be Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified filed within one week to be counter from today with advance copy to the plaintiff who may file his replication thereafter. With these directions, this petition is disposed of. Order dasti. INDERMEET KAUR, J. SEPTEMBER 12, 2011 a