Ashok Parihar, J. - (1.) In a suit for cancellation of agreement to sale, sale-deed and refund of money, the petitioner has been denied permission to submit his written i statement mainly on the ground that the same must have been filed within the statutory period of 90 days.
(2.) After hearing learned counsel for the parties and perusing the material on record, looking to the nature of controversy, in the facts and circumstances and in the interest of justice, the refusal by the trial court cannot be termed as just and reasonable.
(3.) Accordingly, the writ petition is allowed. Petitioners are allowed to submit their written statement and if already filed, the trial court may take the same on record. However, the petitioners shall pay a cost of Rs. 500/- to the plaintiff-respondents on the next date of hearing before the trial court. Writ petition allowed.;