1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1765 OF 2010 (Shyamrao S. Chaudhary vs. Janardhan G. Hate & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 15, 2010. Heard Shri Meghe, learned counsel for the petitioner. The written statement has not been filed in a suit instituted in the year 1980 and the application seeking leave to file it was moved by the petitioner – defendant No.1 on 06.03.2010. That application has been rejected by the trial Court after recording that the evidence of plaintiff is already over and defendant No.1 has also filed on 25.02.2010 his affidavit of examination in chief. It is to be noted that application at Exh. 70 is for striking off the defence filed by the plaintiff on 13.01.2000 and then the matter remained pending for one reason or the other. It also appears that as legal heirs of the deceased plaintiff were not brought on record, the said permission has been given on 11.02.2010. Taking advantage of all these events, the learned counsel for the petitioner states that the 2 petitioner was all the while under impression that his written statement was already on record. However, there is no reason for any such impression. The learned counsel is also pointing out that there was no order to proceed without written statement against defendant No.1. The position was known to defendant No. 1 and in any case to his counsel. There are no pleadings in this respect. The application is vague and hence I find nothing wrong with the view taken by the trial Court. However, with liberty to the petitioner – defendant No.1 to challenge the said order after the suit is finally adjudicated, writ petition is disposed of. No order as to costs. JUDGE *GS.