1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CO/8/2026 Shri P. Nagesh Vs. Shri Veluswamy Mr. Mohammed Sharukh …. for the petitioner February 09, 2026 [SR] Item No.9 From the affidavit of service filed in Court today, I see that the respondent has been served. However, nobody appears for the respondent. The respondent has filed Other Suit No.48 of 2023 in the Court of learned Joint Civil Judge (Senior Division), Port Blair for evicting the present petitioner and recovery of possession of the suit premises from the petitioner/defendant. It appears that for a long time, the petitioner/defendant did not file his written statement in the suit. Accordingly, the learned Judge fixed February 22, 2024 as the date for show cause. Even then, petitioner/defendant did not take step. The suit was fixed for ex parte hearing on April 10, 2025. Subsequently, the petitioner/defendant filed an application under Order 9 Rule 7 of the Code of Civil Procedure for withdrawal of the order dated April 10, 2025 and taking on record the written statement. By the order impugned in this revisional application, the learned Trial Judge has rejected that application of the petitioner/defendant. 2 The case of the petitioner is that he was attending to his ailing agedly mother. He had to travel with his mother to the mainland for medical treatment. Thereafter, he also had to attend to his ailing brother who ultimately passed away. He has annexed to the petition, medical prescription, flight ticket and his brother’s death certificate etc. The learned Judge rejected the defendant’s application under Order 9 Rule 7 of the CPC observing that the defendant/petitioner did not produce any document in support of his case. I see that there are some documents on record which may indicate that the petitioner/defendant was in genuine difficulty. I am inclined to take a lenient view of the matter and give the petitioner the benefit of doubt. After all, shutting out the written statement is a serious issue which may cause undue prejudice to the defendant. I am inclined to allow this application, but on terms. The order under revision is set aside. Learned Trial Court is requested to take the written statement of the defendant on record subject to the defendant paying cost assessed at Rs.10,000/- (Rupees Ten Thousand only) to the Member Secretary, Andaman and Nicobar State Legal Services Authority, Port Blair (ANSLSA) within a week from date. Learned Trial Court is requested to proceed with the suit thereafter, without granting any unncessary adjournment and to dispose of the suit at the earliest and preferably within a year 3 from the date of communication of this order to the learned Trial Court by the petitioner/defendant. Let a copy of the order be forwarded by the Registrar, Circuit Bench of Calcutta High Court at Port Blair to the Member Secretary, ANSLSA, Port Blair. In the event, the petitioner/defendant does not pay the cost as indicated in this order to ANSLSA within the time period prescribed, the Member Secretary, ANSLSA shall bring the same to the notice of the Court for passing appropriate order. CO/8/2026 is disposed of. Parties to act on the server copy of this order downloaded from the official website of this Court. ( Arijit Banerjee, J. )