JUDGMENT : This writ petition has been filed quashing the order dated 14.06.2007 passed by the learned Sub-Judge, Giridih in Partition Suit No. 4 of 2006, refusing to accept the written statement. By filing amendment petition (I.A. No. 2574 of 2008), petitioner has also challenged the order dated 29.06.06, debarring the petitioner to file written statement. It is submitted on behalf of the petitioner that the summons were received by him on 24.03.2006 and he appeared on 22.06.2006, but he was debarred from filing written statement on 29.06.2006, however, the same was filed on 28.07.2006 and thereafter a petition was filed on 08.02.2007 for recalling the said order dated 29.06.2006 which has been rejected on 14.06.2007. It is submitted that if the petitioner is not allowed to file written statement, he will suffer irreparable loss and injury. Learned counsel appearing for the respondent submitted that the learned court had no option than to debar the petitioner from filing the written statement as the same was not filed inspite of sufficient opportunity and moreover, petitioner filed the petition for recalling the order dated 29.06.2006 after 8 months and such a long delay was not explained. He further submitted that the evidence has been concluded and the case is fixed for hearing. Therefore, this court should not interfere with the impugned order. It appears that the petitioner has been trying to delay the disposal of the suit. On receipt of summons he appeared after about 2 months and there is no explanation as to why the petition for recalling the order dated 29.06.2006 was filed after about 8 months. However, in the interest of the justice, I am inclined to give one chance to the petitioner. Accordingly, the impugned orders dated 29.06.06 and 14.06.07 are set aside and the written statement filed on 28.7.2006 is accepted. However, this order will be subject to payment of cost Rs. 2,000/-in the court below within 4 weeks, which the contesting party will be allowed to withdraw. It is made clear that if the cost is not deposited within the stipulated time, this writ petition shall automatically stand dismissed. With these observations and directions this writ application stands disposed of.