Ramesh Kumar Merathia, J. - (1.) Mr. M.K. Habib, learned counsel appearing for the petitioner, submitted that the petitioner appeared in the suit on 30.3.2005; he was debarred from filing written statement by order dated 17.12.2005; and then a petition was filed by him on 13.6.2008 for permitting him to file written statement after recalling the order dated 17.12.2005 debarring to file written statement on the ground that conducting counsel was not knowing civil law and due to his mistake, proper pairvi could not be made in this case case; and moreover the petitioner was not instructed by his lawyer to file written statement; and that the petitioner, being a rustic villager, was not knowing about the procedure; and that the petitioner is ready to compensate other side by paying cost. He relied on the judgment of the Supreme Court in Sambhaji and others v. Gangabai and others [2009 (1) JLJR 286] .
(2.) Mr. V.K. Tiwari, appearing for the respondent, opposed the prayer of the petitioner and submitted that after appearing in the suit, the petitioner was not taking steps properly and did not file written statement and was delaying the case and then he was rightly debarred from filing the same. Thereafter the plaintiff examined witnesses but they were not cross examined by the petitioner and then after the delay of about two and half years, a petition was filed on 13.6.2008 for permitting him to file written statement. He relied on the judgment of the Supreme Court in Mohammed Yusuf v. Faij Mohammad and others [(2009) 3 SCC 513] .
(3.) It was informed by the parties that the suit is being contested in the representative capacity by the parties with regard to Kabristan.;