Short Note : 1. The revision petitioner was defendant No. 14 in the trial Court. He took time to file written statement. Time after time was granted to him. On July 27, 1973, cost of Rs. 40 was imposed, subject to which the defendant was granted time to file written statement. August 24, 1973 was fixed for the purpose of settlement of issues and written statement was to be filed on a day earlier. However, on the 24th August 1973 again the defendant No. 14 prayed for time. The trial Court thought that there was no good reason, even so for ends of justice further time was granted to file written statement subject to his paying Rs 80 as costs. It was also said in the order that if he did not file written statement on the next date, he would be precluded from filing written statement. Sept 4, 1973 was fixed. On the last mentioned date also the defendant did not pay costs, but it appears that he tendered written statement. The trial Court refused to take it on record because costs were not paid. He was, however, permitted to take part in the proceedings without filing written statement. 2. Held: The learned counsel for defendant No. 14 made an offer that since the defendant had never refused to pay costs, he somehow could not arrange for payment of the costs on him, but now he will be able to pay costs on any day that this Court may fix, on payment of such costs the written statement which has already been filed by him may be taken on record. In the opinion of this Court, since written statement was tendered, the petitioner should not be deprived of his defence just because he did not pay costs on the date fixed. For the ends of justice, he may be granted further time, however, subject to payment of costs of this revision. Revision partly allowed.