IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14078 of 2010 1. BAL RAM PRASAD SARAF @ BALI RAM PRASAD S/O RAMNATH SAH R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN Versus 1. MOST. MEENA DEVI W/O LATE RAJU KUMAR R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 2. JAG MOHAN PRASAD MINOR S/O LATE RAJU KUMAR, UNDER THE GUARDIANSHIP OF THEIR MOTHER AS NATURAL GUARDIAN MOST. MEENA DEVI R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 3. MAN MOHAN PRASAD MINOR S/O LATE RAJU KUMAR, UNDER THE GUARDIANSHIP OF THEIR MOTHER AS NATURAL GUARDIAN MOST. MEENA DEVI R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 4. SHIV MOHAN PRASAD MINOR S/O LATE RAJU KUMAR, UNDER THE GUARDIANSHIP OF THEIR MOTHER AS NATURAL GUARDIAN MOST. MEENA DEVI R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 5. SURAJ MOHAN PRASAD MINOR S/O LATE RAJU KUMAR, UNDER THE GUARDIANSHIP OF THEIR MOTHER AS NATURAL GUARDIAN MOST. MEENA DEVI R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 6. SWATI KUMARI MINOR D/O LATE RAJU KUMAR, UNDER THE GUARDIANSHIP OF HER MOTHER AS NATURAL GUARDIAN MOST. MEENA DEVI R/O MOHALLA- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN 7. RAMNATH SAH S/O LATE SARBANAND SAH R/O MOHALLAH- PURANI GUDARI BETTIAH, P.O. & P.S.- BETTIAH, DISTT.- WEST CHAMPARAN ----------- 2/ 24/03/2011 Heard learned counsel for the petitioner and for respondent Nos.1 to 7. The petitioner is defendant No.2 in Partition Suit No.12/02, related by marriage to the respondent No.1/plaintiff. He is aggrieved by the order dated 28.6.2010 debarring him from filing his written statement and contesting the suit declining to recall its earlier order dated 7.12.2005. Learned counsel for the petitioner submits 2 that there was in fact no delay in filing of the written statement. There was a compromise talk going on. Subsequently, his daughter fell ill followed by his own illness. Notwithstanding the same, a written statement has been filed on 7.5.2007 and therefore the earlier order dated 7.12.2005 debarring him from filing of a written statement should have been recalled in the larger interest of justice. Learned counsel for the respondents has emphasized from the order that there has been unreasonable delay on part of the petitioner in filing the written statement. Now that the written statement has in fact bee filed, and an adjudicatory decision on contest is always preferable to one in default, the Court considers it proper to set aside the order dated 28.6.2010 on payment of costs of Rs.5000/-, keeping in mind that the parties are related to each other by marriage to be paid to the respondent/plaintiff in the trial court itself. Let the same be done positively within a maximum period of four weeks from today failing which the present application shall be deemed to have been dismissed. Learned counsel for the parties are agreed that the trial court shall now proceed on a day-to- 3 day basis to conclude the trial at the earliest within a maximum period of one year from today without granting any unnecessary or frivolous adjournment to either party. The application stands allowed. KC ( Navin Sinha, J.)