PASHUPATI NATH SINGH & DHARAMNATH SINGH BOTH SONS OF LATE ANANT SINGH Vs. MUSMAT KUSUM KUNWAR, WIFE OF LATE JALESHWAR SINGH @ RATAN SINGH

JUDGEMENT

(1.) HEARD Shri B.N.Mishra, learned counsel for the petitioners.

(2.) THE petitioner is aggrieved by the order dated 12.12.2008 passed by the Munsif 2nd, Chapra, District Siwan in Title Suit No. 110 of 1996 whereby the prayer of defendants No. 1 and 2 petitioners for allowing them to deposit the cost awarded as per the order dated 26.5.2003, has been refused. Learned counsel for the petitioners submits that though there was delay in filing the written statement and even after the filing of the written statement, cost was not deposited in time but the same could not be done due to the fact that there was possibility of compromise between the parties. When the talks of compromise failed, the petitioners sought leave of the Court to deposit the cost so that the written statement filed on 1.1.2005 could be accepted by the court below.

(3.) FROM the impugned order dated 12.12.2008, it appears that on 26.5.2003 these defendants/petitioners had been directed by the court to file the written statement subject to depositing cost of Rs. 500/ -. The defendants/petitioners did not comply the order and after about more than two years, on 8.8.2005 written statement was filed but the cost was not deposited. Thereafter, prayer was made on 12.12.2008 i.e. after more than five years by filing a petition which has been brought on record of this Civil Revision as Annexure -1, to allow these defendants/petitioners to deposit the cost imposed as above. The trial court has refused the prayer in the interest of justice after observing gross and willful negligence on the part of the defendants/petitioners. From the petition dated 12.12.2008 (Annexure -1) also, it appears that no explanation for delay has been made by the defendants/ petitioners.