- (1.) In this writ application, the petitioner has prayed for setting aside the order dated 26.7.2006 passed by learned 4th Additional District Judge, Godda in Succession Case No. 2 of 2005, whereby the petitioner's petition dated 3.7.2006 as also the written statement have been rejected for not filing the same within time, granted by the Court below.
(2.) It has been stated that though there was some delay in filing written statement, yet the same is not intentional and wilful, as the petitioner could not file the written statement because of her illness. If the petitioner's written statement is not accepted, she shall suffer irreparable loss and injury and shall be highly prejudiced and will not be able to defend the said case.
(3.) Learned Counsel appearing on behalf of the respondent No. 4 submitted that there was wilful delay on the part of the petitioner and she has leisurely filed written statement after inordinate delay and even after the date fixed by the Court below. It has been submitted that the petitioner herself invited the said impugned order and there is no infirmity or illegality in the same. It has been submitted that the petitioner was allowed to file written statement by the Court below subject to payment of cost of Rs. 200/- but she did not pay the said cost and thereby violated the direction of the Court below.;