SBCWP NO.8497/2009– SHAH JINESHWAR KUMAR AMRIT LAL JAIN V/S MANGLAM TRADERS : :JUDGMENT DTD.26.8.2009 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.8497/2009 Shah Jineshwar Kumar Amritlal Jain Versus Manglam Traders. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI None present DATE OF JUDGMENT : 26th August, 2009. JUDGMENT 1. The lawyers are observing strike. 2. By the impugned order dtd.12.8.2009, the learned trial Court has rejected the application under Section 148 C.P.C. and has not taken the written statement/objection filed by the plaintiff to the counter-claim filed by the defendant. 3. The learned trial Court has rejected the said application observing that the advocate could not remain present and was not attending the Court proceedings on account of “Paryushan” observed by Jains and also the reason assigned in the application that the SBCWP NO.8497/2009– SHAH JINESHWAR KUMAR AMRIT LAL JAIN V/S MANGLAM TRADERS : :JUDGMENT DTD.26.8.2009 2/2 defendant – applicant was out of station and therefore, the time could not be extended. 4. Having considered the averments made in the writ petition and the reasons given by the learned trial Court in the impugned order, this Court is satisfied that in the interest of justice, time for filing written statement/objections to the counter-claim may be extended and in the present case in view of aforesaid reasons, the delay in filing the written statement is condoned and the same may be taken on record subject to deposit of cost of Rs.500/- by the defendant – petitioner to the plaintiff – respondent. 5. Accordingly this writ petition is disposed of. A copy of this order be sent to the opposite party as well as the trial Court. (Dr.VINEET KOTHARI)J. Item No.s-1 Ss/-