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Judgment
Surinder Singh, J.—Heard.
Petitioners have filed the present petition against the order passed by the learned trial Court in civil suit No. 20-1 of 2011 on 1.7.2011 whereby the defence of the petitioner who was defendant was closed for not having filed written statement within 90 days, in suit for recovery to the tune of Rs. 7,46,216/-.
Shri P.M. Negi, learned Deputy Advocate General submits that the petitioners had to collect the record from the revenue department which took time. Despite repeated reminders to the quarter concerned, they did not respond, hence seeks one more opportunity.
Learned counsel for the respondents raised objection for according further time on the ground that there are no exceptional circumstances to condone the delay to upset the impugned order.
After having heard the learned counsel for the parties, in my opinion, to do the complete justice inter se the parties, one more opportunity is required to be accorded in the interest of justice and the opposite party can be adequately compensated by imposing costs. Accordingly, the impugned order is hereby set aside and the petitioner is accorded one more opportunity to file written statement subject to payment of costs of Rs. 5000/- on 27.2.2012, the date stated to be fixed before the learned trial Court.
The cost be also deposited on the said date in the Court with a liberty to petitioner-State to recover it from the erring/ defaulting officer (s).
With these directions, the petition stands disposed of, so also the pending application(s), if any.