SBCWP NO.1420/08. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR. O R D E R Mangtu Ram Versus Mitthan Lal and ors. S.B. CIVIL WRIT PETITON NO.1420/2008. Date of order :- 18/2/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mohit Gupta for the petitioner. Shri Banwari Lal Sharma for the respondents. ***** Issue notice. Shri Banwari Lal Sharma, learned counsel appearing for the plaintiff-respondent accepts notice. The writ petition has been filed against the order dated 5/2/2008 whereby the written submission of the defendant-petitioner has been closed. Defendant petitioner was required to file written statement to the amended plaint in which amendment was allowed to be made vide order dated 9/10/2007. When the matter was listed before the court on 5/2/2008, the court waited upto 2.45 p.m. and thereafter closed the written statement. Learned counsel for the petitioner submitted that amendment in the written statement was allowed to be made by the court as recently as on 9/10/2007. Defendant petitioner was about to file written statement on 5/2/2008 but when counsel approached the court, by SBCWP NO.1420/08. that time written statement was closed. Though it was actually filed but the same was not accepted on record. Having regard to the fact that the written statement was permitted by the order of the court as a consequence of the amendments made in the plaint by 1/1/2008 on account of the amendment made by widow of original plaintiff Mitthan Lal, not taking such written statement on record would cause serious prejudice to the petitioner as also occasion miscarriage of justice, I deem it appropriate to permit the petitioner to bring his written statement on record. In the result, the writ petition is allowed. The impugned order dated 5/2/2008 is quashed and set-aside. The petitioner would be permitted to file his written statement on any date within fortnight from the date next fixed before the trial court subject to payment of cost of Rs.500/- to the plaintiff-respondent. (MOHAMMAD RAFIQ), J. anil