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Basanti Devi (Smt.) vs District Judge and Others

Rajasthan High Court · Decided on 3 December 2007 · Citation: (2008) 2 WLN 30

HON’BLE JUDGES
P.C. Tatia, J
CASE NUMBER
Civil Writ Petition No. 6742 of 2007
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Judgment

5 paragraphs · 149 words

Prakash Tatia, J.—Heard learned Counsel for the parties.

2.

The petitioner has challenged the order of the trial Court dt. 25.09.2007 by which the trial Court closed the right of the petitioner/defendant of filing the written statement.

3.

Learned Counsel for the respondents submitted that sufficient time was granted and the petitioner did not file the written statement in time but if this Court finds it a case worth giving one more opportunity to the defendant, then cost be imposed.

4.

In the facts of the case, a lenient view would have been taken by the trial Court and is taken by this Court.

5.

In view of the above, this writ petition is allowed and the impugned order dt. 25.09.2007 is set aside. Now, the petitioner may file the written statement within a period of 15 days from today after paying cost of Rs. 1,000/- to the plaintiff.