IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2058 of 2008 SUNAINA SINHA Versus UMESH KUMAR SINHA & ORS ----------- 2 10/12/2008 Heard Mr. Uma Kant Verma, learned counsel appearing on behalf of the petitioner. For the reasons mentioned in I.A. No.7285 of 2008, the delay in filing of this Civil Revisions Application is condoned. On merits, this Court would find that on the face of records it is apparent that there is delay of almost five years in filing the written statement, in as much as, the defendant-petitioner appeared in the suit on 27.6.2003 and ultimately chose to file his written statement only on 13.5.2008. That being so, the plea of the defendant-petitioner that he was expecting an order on 17.12.2003 making prayer for disposal of the suit itself on preliminary question, can hardly be a justification for not filing the written statement. The mandate of law is that once summons are served and if the defendant chooses to 2 dispute with the claim of the plaintiff, he must file his written statement within the prescribed time. That having been not done, the court below cannot be said to have committed an error in debarring the petitioner from filing the written statement by order dated 27.9.2007. Mr. Verma, learned counsel for the petitioner would, however, contend that it is a partition suit and the sisters who had legitimate share in the father’s property would be adversely affected if their written statement is not taken on the records. He has also offered the readiness of the petitioner to pay any reasonable amount for the loss suffered by the plaintiff in the delay in filing of the written statement by the petitioner. Considering the aforementioned aspects, this Court would direct the court below to accept the written statement of the petitioner on payment of cost of Rs.5,000/- to be paid by the petitioner to the plaintiff-opposite party within eight weeks from the date of receipt and/or production of a copy of this order by way 3 of compensation to the plaintiff for making him to suffer for the last five years. If the petitioner deposits the said amount and that too within the aforementioned prescribed period the written statement filed by the petitioner will be taken on the records. With the aforementioned observation this application is allowed. (Mihir Kumar Jha, J.) Abhay Kumar