Honble YADAV, J. – Heard. (2). Perused the order impugned. (3). In my considered opinion the learned trial court has directed to place the written statement on part `D record of the suit with material irregularity inasmuch as once the written statement was filed then it ought to have been taken on record after compensating the plaintiff for his incon venience by imposing exemplary cost upon the defendant. (4). If technicalities are pitted against substantial justice then the courts of law are required to see that substantial justice should not be allowed either to escape or slide. (5). As a matter of fact the courts of law are respected not becaude they are capable to legalise injustice on technical grounds but they are res- pected because they are capable of removing injustice and is expected to do so by taking justice oriented approach. Once the written statement was filed and the leaned trial court was capable to compensate the plaintiff for his inconvenience by imposing cost upon the defendant then it was not necessary to place his written statement on part `D of the record. (6). I am also of the opinion that if the order impugned is allowed to stand it would occasion a failure of justice and would also cause irreparable injury to the defendant as contemplated under proviso (b) of sub-sec.(1) of amended Sec. 115 CPC. (17). Taking justice oriented approach in the present case the order impugned is liable to be set aside and the written statement has already been filed by the defendant is also liable to be taken on record provided he pays Rs. 2,000/- as cost within one month from today. If the defendant fails to pay the aforesaid cost within the stipulated period then his written statement which has already been directed to be placed on part `D of the file will not be taken on record. As a result of the aforementioned discussion the instant revision is allowed and the order impugned dated 11.9.1995 passed by learned trial court is set aside with a direction that if the defendant pays Rs. 2,000/- as cost within one month from today then his written statement which has already been filed will be taken on record. If he fails to do so within the stipulated period then the order passed by the learned trial court shall remain operative.