[2025:RJ-JP:3148] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3849/2017 Vijay Agarwal S/o Shri Girdhari Lal Agarwal, Plot No. 2-A, Vikas Nagar, Path Number - 7, Sikar Road, Jaipur ----Petitioner Versus 1. Rampratap Debana S/o Shri Mukti Lal Debana, Plot No. 20, Jai Shree Nagar, Road Number - 14, Sikar Road, Jaipur Raj. 2. The Hathroi Gadhi Grih Nirman Sahakari Samiti Limited, Registration No. 2886 Ld, Office At Plot No. D-20, Meera Marg, Banipark Jaipur Through Its President / Mantri ----Respondents For Petitioner(s) : Mr. Kamal Kant Sharma For Respondent(s) : Mr. Ajay Khedar for Mr. Satish Khandal HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 22/01/2025 This civil writ petition has been filed by the petitioner- defendant No.2 (for short ‘the defendant’) against the order dated 21.02.2017 passed by the Additional District and Sessions Judge No.20, Jaipur Metro, Jaipur in civil suit No. 13/2015 whereby the trial Court closed the defendant’s opportunity to file written statement. Learned counsel for the defendant submits that the respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit for declaration and permanent injunction wherein the defendant put in appearance through his counsel before the trial court on 07.11.2016. Due to unavoidable circumstances, the defendant [2025:RJ-JP:3148] (2 of 2) [CW-3849/2017] could not file the written statement and the trial court vide order dated 21.02.2017 closed the defendant’s opportunity to file the written statement. He has prayed that the order dated 21.02.2017 passed by the trial court be set aside and the defendant may be granted an opportunity to file the written statement. Learned counsel for the respondents have opposed the same. Heard learned counsel for the parties and perused the relevant material on record. Taking into consideration the facts and circumstances of the case and in the interest of justice, I deem it just and proper to grant an opportunity to defendant to file the written statement. Accordingly, the petition is allowed and the order dated 21.02.2017 passed by the trial Court qua closing the defendant’s opportunity to file written statement is set aside and trial court is directed to grant an opportunity to the defendant to file written statement, subject to payment of cost of Rs.10,000/- by the defendant to the plaintiff, failing which no opportunity shall be granted by the trial Court to the defendant to file the written statement. Pending application(s), if any, stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Ritu/161