IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2237 of 2007 HARI NARAYAN CHOUDHARY Versus JAL DHARI DAS & ANR ----------- 3 18.8.2008 Heard counsel for the defendant-petitioner. At the out set learned counsel for the petitioner submitted that the written statement filed by the defendant-petitioner was refused to be taken on record by an order dated 18.10.2006 whereafter a review application was filed by the petitioner which again came to be dismissed on 18.7.2007. The petitioner had moved before this Court in Civil Revision application No. 1587 of 2007 against the aforementioned order dated 18.7.2007 which was dismissed by order dated 12.11.2007 giving liberty to the petitioner to file a Civil Revision application against the main order dated 18.10.2006. He has submitted that the Civil Revision application was filed on 12.12.2007 and as such the delay in filing of this Civil Revision application be condoned. Having heard counsel for the petitioner and perused the grounds in I.A. No. 6213 of 2007 the delay in filing of this Civil Revision application is condoned. Coming to the merits of the case, this - 2 - Court would find that as a matter of fact, the written statement was filed within a prescribed period on 26.9.2006 but it could not be taken on record due to lache on the part of the counsel for the petitioner appearing in the Court below who was absent on the next date of filing of the written statement i.e. on 18.10.2006. In such view of the matter there was no deliberate lache or negligence on the part of the petitioner so as to be deprived of his valuable right of contesting his case in an effective manner. The plaintiff-opposite party at best had suffered only for a brief span but then a period of two years have been vested merely for the acceptance of the written statement. In the facts and circumstances of this case and keeping in view the interest of justice, this Court would accordingly, allow this Civil Revision application by setting aside the impugned order and would direct the Court below to accept the written statement of the petitioner subject to payment of Rs. 1000/- by way of cost to the plaintiff within a period of three months from the date of receipt/production of a copy of this order. - 3 - With the aforementioned observations and directions this Civil Revision application is allowed. Shahid (Mihir Kumar Jha, J)