IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1935 of 2008 BANARASI SINGH Versus RAMJAG SINGH & ORS ----------- 2 21/11/2008 Heard counsel for the petitioner. In the opinion of this Court poverty itself is a ground for being accommodated at least in contesting the litigation. This Court would find that the petitioner had in the application submitted before the court below that he could not file written statement on account of his poverty and being occupied in earning his livelihood. If such an explanation is there the Court at best could have imposed some cost and take the written statement on record instead of debarring the petitioner from filing the written statement, which in fact, will amount to virtually not allowing him to contest the suit on merits. Counsel for the petitioner would submit that the petitioner is ready to compensate loss of the plaintiff which was caused in between 19.9.2007 when the petitioner appeared in the suit till 27.6.2008 when he had filed written 2 statement. He would quantify said amount to be Rs.1000/-. Interest of justice therefore would require that the petitioner is allowed to contest the suit on merits. In that view of the matter, the impugned order is set aside and the petitioner is directed to pay a sum of Rs.1000/- to the plaintiff within a period of one month from the date of receipt/production of a copy of this order, where after the court below on being furnished evidence of such payment shall take the written statement of the petitioner on record and would proceed thereafter in accordance with law. With the aforementioned observation this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar