IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1888 of 2008 SALAUDDIN KHAN @ MD.SALAHUDDIN KHAN & ANR Versus BIBI TAIMUN NISA@TAIMUN NISA&ORS ----------- 2 14/11/2008 Heard counsel for the petitioners. Normally delay of 84 days in filing written statement is easily condonable and could have been also allowed by the court below. The court below, however, has recorded reasons which would shake confidence of any ordinary litigant in the very judicial system. If a person is issued summon and is prima-facie found to be responsible in committing forgery in that summon, that becomes a very serious matter. The court below has found that the summons which were issued on 11.10.2007 to the petitioners fixing the date of 11.11.2007 for appearance and filing written statement but when the same was produced by way of defence for acceptance of written statement the same was interpolated/changed to show that such date was 12.1.2008. Submission of counsel for the petitioner that such change was not made by the petitioners but by some other 2 person, is only to be noticed for its being rejected. The petitioners obviously appeared before the Court below with a changed date of appearance in the summons for drawing a benefit for themselves and therefore the natural presumption would be that the petitioners had made the such change in the dates of the summons. Mr. Satyabir Bharti, learned counsel appearing on behalf of the petitioners would submit that interest of justice would require that the defendants, petitioners should be allowed to contest the suit and should not be saddled with the disastrous consequences of being disallowed to contest the suit on merit, if the impugned order is not interfered by the Court. This Court, taking into consideration the interest of justice, though very reluctantly due to lack of bonafides on the part of the petitioners, would direct the court below to take the written statement of the petitioners on records only if the petitioners pay a sum of Rs. 10,000/- to the plaintiff by way of 3 exemplary cost within a period of two months from the date of receipt/production of a copy of this order. With the above observations this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar