JUDGEMENT
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(1.) This writ petition has been filed for quashing the order dated 8.10.2007, debarring the petitioners to file the written statement and also the order dated 7.1.2008, refusing to recall the order dated 8.10.2007, passed by the learned Munsif, Bokaro in Title (Eviction) Suit No. 4 of 2007.
It appears that summons was served on petitioner 8.7.2007 and in spite of sufficient opportunity, no written statement was filed and he was debarred from filing written statement on 8.10.2007. Ultimately he filed written statement on 20.11.2007 and then he filed a petition on 3.12.2007 for recalling the order dated 8.10.2007 which was rejected by the court below on 7.1.2008.
Counsel for the petitioner submitted that there were valid reasons for not filing the written statement within the time granted by the court below.
Counsel for the respondents submitted that the grounds shown by the petitioners are not valid grounds.
It is true that in spite of sufficient opportunity petitioners did not file written statement within time and therefore they were rightly debarred from filing the written statement.
However, in the interest of justice, I am inclined to give one chance to the petitioner. Accordingly, the impugned orders dated 8.10.2007 and 7.1.2008 are set aside and the written statement filed on 20.11.2007 is accepted.
However, this order will be subject to payment of cost Rs. 2,000/ -in the court below within 4 weeks, which the other side will be entitled to withdraw.
It is made clear that if the cost is not deposited within the stipulated time, this writ petition shall automatically stand dismissed. Parties are directed to cooperate in early disposal of the suit and the trial court will try to dispose of the suit as early as possible. With these observations and directions this writ application stands disposed of.;
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