GYAN SUDHA MISRA,J. - (1.) A suit for permanent injunction has been filed by the plaintiff-respondent No. 2 and 3 to which the written statement had to be filed on 13.11.2003. On this date the defendant-petitioners sought time to file written statement which was granted by the trial Court and the matter was ordered to be listed on 9.1.2004. It is stated that the defendant-petitioners filed a written statement on 9.1.2004 but the same was not taken on record on the ground that the written statement had to be filed within a period of thirty days from the date of service of notice as per the amended provisions of the Code of Civil Procedure.
(2.) It was contended on behalf of the petitioner that although the written statement had to be filed within a period of thirty days from the date of service of notice, the trial Court having recorded that the written statement be filed by 9.1.2004, a reasonable inference was drawn by the defendant-petitioners' advocate that the time was granted to file the written statement by 9.1.2004 and hence the trial Court should not have refused to take this on record.
(3.) It is no doubt true that as per the provisions of the CPC the written statement ought to have been filed within a period of thirty days from the date of service of notice which expired on 13.11.2003 and on this date if the trial Court had refused to grant permission to file written statement, the same would have been as per the provision of the CPC but once the time was granted to file written statement by 9.1.2004 the time appears to have been extended by the trial Court to file the written statement by 9.1.2004 and on this date if the written statement was filed, the same should have been taken on record. However, to cut-short the controversy it is considered appropriate not to delve deep into the matter by issuing a show cause notice to the respondents as interest of justice would be met if the trial Court accepts the written statement which has been filed by the petitioners on 9.1.2004 specially when the time was extended to file the same by 9.1.2004 and the same was complied by the defendant-petitioners. Refusing to take the written statement on record ultimately is bound to result into miscarriage of justice and therefore it is considered just and appropriate to direct the trial Court being the Court of Civil Judge (Sr. Division) Dantaramgarh, District Sikar to take the written statement on record which has been filed by the defendant-petitioners on 9.1.2004 and proceed in the matter in accordance with law. The writ petition accordingly stands disposed of. Appeal Disposed Off ;