JUDGMENT By the order impugned the trial Court has rejected prayer of· the applicant/defendant made under Order 9, Rule 7 C.P.C. for permission to file W.S. on the ground that the case against the applicant/defendant has not been proceeded ex-parte, but under Order 8, Rule 10 C.P.C. Admittedly, no judgment in terms of Rule 10 of Order 8 has been pronounced by the trial Court and instead the Court has proceeded to record evidence of the plaintiffs. Under the circumstance, as held by this Court in State of M.P. v. Ratanlal, 1983 M.P. Weekly Note 311 and Laik Khan v. Shri Narayan, 1997 Part-II, M.P. Weekly Note 116, permission to file W.S. could be grantd and delay in filing the W.S. could be compensated in terms of cost. In the instant case, the case has been pending for filing W.S. since January, 1992. However, learned counsel for the applicant/defendant submitted that the defendant is not only prepared to file W.S. in seven days but also undertakes to produce all his evidence on the date that may be fixed in this behalf, by the trial Court. In view of this, it appears just and proper to allow the defendant to file W.S. on payment of appropriate costs. Accordingly, I allow the revision, set-aside the on;ler impugned and direct that the applicant/defendent shall be permitted to file W.S. on his paying cost Rs.2,000/- to the plaintiffs within seven days from today. It is, further, directed that on receipt of W.S., the Court shall frame appropriate issues within seven days and shall thereafter fix the case for evidence of the parties within next two months therefrom. On the date fixed, it shall be obligatory for the parties including the defendant to keep their witnesses ready. It is, further, clarified that the evidence of the plaintiffs' witnesses already recorded in the case shall form part of the evidence to be taken into consideration at the trial. The defendant may, however, be permitted to cross-examine those witnesses and the plaintiffs, if they so choose may also be permitted to re-examine them. I make no order as to costs of this revision.