P.P. Bhatt, J. - (1.) THE petitioner by way of filing the present writ petition under Article 227 of the Constitution of India, has prayed for quashing and setting aside the order dated 24.8.12 passed in T.S. No. 244/2011 by the Civil Judge (Sr. Division) -V, Dhanbad, whereby, the petition dated 22.5.11 has been rejected, which has been filed for recall the order dated 17.5.12, by which, the petitioner has been debarred from filing the written statement and further the learned court has rejected the petition dated 7.6.12 for acceptance of the written statement after condoning the delay and petition dated 9.7.12 for acceptance of fresh written statement after condoning the delay. Heard the learned counsel for the petitioner and perused the record and documents annexed to the petition.
(2.) IT appears that the title suit is of the year 2001, instituted on 4.8.11 and the order -sheet is annexed to this petition vide Annexure -1. From perusal of the materials placed on record, it appears that there were delay of about 20 days in fling the written statement. The application, preferred by the present petitioner for filing written statement as well as petition for condoning the delay in filing the written statement, annexed to this petition vide Annexure -3, indicates that the present petitioner has tried to justify the delay in filing the written statement, however, the court below has not properly considered and appreciated the reasons assigned/stated by the present petitioner. This Court is of the view that without entering into the technicalities, an opportunity should be given to the petitioner to put up his case and for that purpose the written statement should have been accepted by the court below by condoning the delay but the court below has failed to appreciate this aspect of the matter. The learned counsel for the petitioner, in support of his submission, has referred to and relied upon the judgment reported in : 2012 (3) JCR 444 (Jugal Kishore Oraon Vs. Busra Khatoon and Ors.).
(3.) IN view of the aforesaid discussion and also in view of the aforesaid judgment, referred to and relied upon by the learned counsel for the petitioner, the present petition deserves to be allowed without issuance of show cause notice to the other side so as avoid further delay in the trial. Accordingly, the order dated 24.8.12 is quashed and the written statement filed by the present petitioner is ordered to be taken on record. With the aforesaid observation and direction, this writ petition is allowed.;