IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.139 of 2011. Date of Decision: 28.6.2011. Sh. Bhagi Ram …Petitioner Versus. Sh. Joghdhyan …Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Petitioner: Mr. Naveen K. Bhardwaj, Advocate. For the Respondent: Mr. Ajay Mohan Goel, Advocate. Deepak Gupta, J.(Oral). 1. This petition is directed against the order dated 13.1.2011 whereby right of the petitioner-defendant to file written statement has been closed. 2. There is no manner of doubt that 90 days had expired from the date of service of the petitioner- defendant, but one cannot loose sight of the fact that the petitioner-defendant on two occasions, i.e. 28.10.2010 and 14.12.2010 had appeared in person and a party who appears in person may not be aware of the niceties of 2 law, as to whether the written statement has to be filed within 90 days or not. 3. Therefore, the petition is allowed and the impugned order dated 13.1.2011 is set aside subject to payment of Rs. 1,000/- as costs. The parties are directed to appear before the learned Trial Court on 23rd July, 2011. On or before the said date, the petitioner- defendant shall file the written statement. In case the costs are not paid and the written statement is not filed on or before the said date, the present petition shall be deemed to have been dismissed. 4. The petition is disposed of in the aforesaid terms. “Dasti Copy” (Deepak Gupta), Judge 28th June, 2011. (Krn Guleria)