IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 915 of 2009
1. Mahesh Singh Baraik @ Mahesh Baraik.
2. Ashok Singh Baraik @ Ashok Kumar.
3. Sonu Singh Baraik @ Sonu Kumar.
4. Sumitra Devi. ........Petitioner
Versus
Pashupati Nath Jaiswal. .........Respondent
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Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Petitioners Miss. N. Sahay, Advocate
5/30/06/2010
An affidavit has been filed in proof of service of notice on
sole respondent showing 22.5.2009 as the date fixed.
Service is accepted as valid.
This writ petition has been filed against the orders dated
6.7.2006, 9.5.2008 and 10.12.2008.
Counsel for the petitioners submitted that the written
statement could not be filed within 90 days i.e. by 6.7.2006, in
absence of relevant documents. The petitioners were debarred from
filing written statement on 6.7.2006. However, it was filed on
22.11.2006, which may be accepted in the interest of justice.
In spite of service of notice, no one appears to oppose the
said prayer on behalf of the respondent.
It is true that there was delay in filing written statement
but in the interest of justice, the impugned orders dated 6.7.2006,
9.5.2008 and 10.12.2008 are set aside and written statement filed on
22.11.2006 be accepted.
Petitioners are directed to cooperate in early disposal of
the suit.
This order is subject to payment of cost of Rs.1,000/-
( One thousand only) to other side by the petitioners in the court
below within two weeks from today.
With these observations and directions, this writ petition
is disposed of.
( R.K. Merathia, J).
Rakesh/