IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1738 of 2008 (M/S) Sri Beer Singh & others. ……… Petitioners Versus Ram Prasad. ……… Respondent Mr. B.P. Nautiyal, Advocate for the petitioners. Mr. Pawan Mishra, Advocate for the respondent. Hon’ble V.K. Gupta, C.J. After hearing the learned counsel for the parties and upon perusal of the order dated 11th March, 2008 passed by the learned Second Addl. Civil Judge (Senior Division), Dehradun and the order dated 12th September, 2008 passed in Revision by the learned District Judge, Dehradun, I find that in the facts and circumstances, even though the petitioners/ defendants were very late in filing Written Statement and even thought they were grossly negligent in doing so and perhaps could not offer sufficient explanation for the inordinate delay caused in filing the Written Statement, the principles of natural justice require that Written Statement along with the counter claims filed by them be accepted subject, however, to payment of heavy costs. By the order dated 11th March, 2008, the learned trial court imposed costs of Rs. 500/- each on three sets of defendants. I modify that order and direct that instead of Rs. 500/- each, the three sets of defendants shall pay Rs. 5,000/- each as costs to the plaintiff within four weeks from today. If this is not done, the Written Statement filed shall not be accepted. The writ petition stands disposed of. (V.K. Gupta, C.J.) 06.11.2008 G