GOPI SAO Vs. SURAJ NARAYAN SINGH AND ORS.

JUDGEMENT

(1.) The petitioner had earlier moved this Court in W.P. (C) No. 6138 of 2005 against the grievance of non-acceptance of his written statement filed in Title Suit No. 168 of 2003. Notices were issued to the respondents and they had appeared and thereafter the said writ petition was allowed and the order of the learned Court below was set aside, subject to payment of cost of Rs. 2000.00 to the plaintiffs-respondents by the defendant-petitioner within a period of two weeks from the date of receipt/ production of a copy of the order of this Court.

(2.) By the impugned order dated 6.3.2007, learned Court below has refused to accept the written statement on the ground that the petitioner deposited the cost of Rs. 2000.00 after lapse of more than two weeks from the date of receipt of the order in the Court below.

(3.) Learned counsel for the petitioner submitted that the petitioner had to deposit the cost, of Rs. 2000.00 within two weeks from the date of receipt/production of a copy of the order of this Court. The petitioner had taken out the certified copy of the order from this Court and produced the same along with receipt No. 663 on 26.2.2007 with petition showing deposit of amount of cost of Rs. 2000.00 in the Civil Court Nazarat. It has been submitted that the petitioner was not given any information that the copy of the order of this Court was communicated to the Court below and was received earlier. But learned Court below refused to accept the written statement on the ground that the copy of the said order of this Court was communicated and was received on 25.1.2007 and that the petitioner deposited the amount of cost beyond the time prescribed by this Court.