IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.717 of 2008 1. JAI BALAK SINGH, 2. HARE RAM SINGH 3. JAI JAI RAM SINGH 4. FUCHO SINGH, ALL SONS OF LATE PALO SINGH, RESIDENTS OF VILLAGE CHAKBAL, P.O. GARHARA, P.S. BARAUNI, DISTRICT BEGUSARAI… DEFENDANTS-PETITIONERS Versus 1. INDRA DEO SINGH, SON OF LATE BALESHWAR SINGH 2.SRIMATI SHANTI DEVI, WIFE OF INDRADEO SINGH, BOTH RESIDENTS OF VILLAGE CHAKBAL, P.O. GARHARA, P.S. BARAUNI, DISTRICT BEGUSRAI ….PLAINTIFFS-OPPOSITE PARTIES ----------- 2 26.03.2009 Heard learned counsel for the petitioners. This civil revision application has been filed by the defendants-petitioners against the order dated 1.2.2008 passed by learned Munsif II, Begusrai in Title Suit No.77/99 by which the application of the defendants-petitioners for permitting them to file written statement has been rejected. From the order impugned, it appears that after death of the original defendant in the year, 2000, the present petitioners were substituted and they also appeared in the suit in the year 2001 itself. From 2001 upto 2007 they did not take any steps for filing written statement and only when the case was taken up for hearing, they sought to file a written - 2 - statement. The court below has found that there is delay of six years on the part of the defendants-petitioners in filing the written statement without any explanation for delay whatsoever and therefore, the application of the defendants was dismissed. In the circumstances, this Court finds that although the defendants could be allowed to file the written statement even beyond time prescribed by the Code of Civil Procedure if the delay was sufficiently explained but as there was no explanation of delay of six years, the court below has rightly rejected the application of the defendants-petitioners for admitting his written statement for consideration. As a result, this Court does not find any merit in this civil revision application. It is, accordingly, dismissed. B.T. (J.N. Singh, J.)