IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2135 of 2008 JAY NATH SAH & ORS Versus VIJAY KUMAR MANDAL & ANR ----------- 2 6/1/2009 Heard counsel for the petitioners. In a suit of the year 2006 even if there was laches on the part of the defendant-petitioner in filing the written statement, the court below instead of adopting hyper technical attitude ought to have considered that the person who was capable for divulging crucial information for filing written statement was himself ill and therefore the delay in filing the written statement was fit to be condoned. In such a situation if the defendants are altogether shut out from filing of their written statement, there would be no effective adjudication of the dispute involving valuable lands of both the parties. It is true that the plaintiffs- opposite parties have been some what harassed by the petitioner for a period of two years and the case could not proceed to the desire extent only on account of non-cooperation (whether wilful or 2 otherwise) of the defendant-petitioner. In such a situation, this Court in the interest of justice would allow prayer of the petitioner for filing of the written statement provided the same is done within a period of one month from the date of receipt/production of a copy of this order and after paying a sum of Rs.2,000/- to the plaintiff-opposite party. Such cost must be deposited in the court by the petitioner within the aforesaid period failing which the written statement even if filed shall not be taken on records. With the above observation/ direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar