CMPMO 206 of 2008. 11.9.2008 Present: Mr. Shrawan Dogra, counsel for the petitioner. Mr. N.K.Sood, counsel for the respondents. The facts of this case are revealing. Despite repeated opportunities, no written statement has been filed by the petitioner herein. There is no illegality committed by the learned trial Court and the order cannot be interfered with. Learned counsel for the petitioner urges that in the interest of justice one last and final opportunity be granted to the petitioner to file written statement. I was not inclined to accede to this request. However, in the interest of justice one last and final opportunity is granted to the petitioner to file his written statement. This will be subject to the petitioner paying Rs.5000/- as costs to the respondents. Such costs shall be paid on the first date of appearance before the learned trial Court, which is fixed for 30.10.2008. It is clarified that in case the costs are not paid, the order closing the right to file written statement shall revive and this petition will be deemed to have been dismissed. Needless to add that on filing of the written statement, the plaintiff shall be given his right to file replication and such other pleadings in -2- accordance with law to resist the claim of the petitioner defendant and shall also be given an opportunity to lead evidence on the issue(s) so framed. Petition is disposed of. Pending application(s) shall stand disposed of. This decision is confined to the facts of this case and shall not be treated as a precedent in other matter(s). September 11, 2008 (PC). (Dev Darshan Sud), J.