IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1531 of 2008 KAMALA DEVI & ORS Versus RAMESHWAR CHOUBEY & ORS ----------- 2. 12.9.2008 Heard counsel for the petitioners. While this Court would not find any error in the impugned order rejecting the prayer of the defendants petitioners to take their written statement on record by recalling the order dated 20.4.2006 debarring him from filing of written statement, this Court considering the fact that there were some unavoidable circumstances for the petitioners which preclude them from filing the written statement in time, would allow their prayer only if they compensate for the loss and suffering of the plaintiffs to have to keep on waiting from 29.12.2005 when the defendants petitioners had appeared in the suit. Thus if the petitioners want equity they also must do equity and the finding that almost three years period has been vested by the petitioners, this Court would direct them to compensate the loss to the plaintiffs by paying a sum of Rs. 6,000/- 2 within a period of one month from the date of receipt/ production of a copy of this order. In the event the petitioners pay this amount of Rs. 6000/- within the aforementioned time limit of one month from the date of receipt/ production of a copy of this order to the plaintiffs and submit proof thereof before the court below, they will be allowed to contest the suit on merit by taking their written statement already filed on 19.6.2008 on record. With the aforementioned observations and directions this application is disposed of. (Mihir Kumar Jha,J.) Surendra/