1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.762 OF 2008 Nirmalaben R. Shah and Ors. .. Petitioners Vs. Kirit M. Shah and Ors. .. Respondents Mr.J.G.Damani for the petitioners None for the respondents CORAM : A.A.SAYED, J. CORAM : A.A.SAYED, J. CORAM : A.A.SAYED, J. DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 P.C.: 1. This petition has been filed challenging the order dated 03.09.2007 passed by the Court of Small Causes at Bombay, Bandra Branch, whereby the application of the petitioners who are the defendant nos.2 to 5 in the suit to take their written statement on record, after condoning the delay, was rejected and the matter was directed to be proceeded without written statement of the defendant nos.2 to 5. The defendant nos.2 to 5 who are the family members of the defendant no.1 were 2 added to the suit at a later stage. The written statement in so far as defendant no.1 is concerned, is already on record. 2. The reply of the respondents to the application in the trial court discloses that the defendant nos.5 was the last defendant to be served with the writ of summons and she was served some time on 21st April, 2007. It is taken note of that though the application for setting aside order of proceeding without written statement is dated 04.08.07, the written statement was in fact already affirmed on 05.06.07. 3. In my view, considering the fact that the writ of summons was served on defendant nos.5 on 21.04.2007 and the fact that a common written statement has been filed on behalf of respondent nos.2 to 5 and that the same was affirmed on 05.06.2007, interest of justice would be served by condoning the delay in filing the written statement. 4. In this view of the matter, I set aside the 3 impugned order, subject however, to cost of Rs.3,000/- to be paid by the defendant nos.2 to 5 to the respondent no.1. The written statement to be filed within 2 weeks. Costs to be condition precedent. 5. Writ Petition stands disposed of accordingly. ( A.A.SAYED, J.) ( A.A.SAYED, J.) ( A.A.SAYED, J.)