JUDGMENT 1. - In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing order dated 21.5.2008 (Annex.-4) and order dated 28.07.2011 (Annex.-7) passed by the trial Court in Original Suit No.75/2007 pending in the Court and Civil Judge (Sr. Dn.), Bikaner and prayed that trial Court may be directed to take written-statement of the petitioner on record. 2. After hearing learned counsel for the petitioner, I have perused the entire record of the case. 3. As per facts, the opportunity to file written-statement was closed vide order dated 21.05.2008 because for ten months adjournments were granted for filing written-statement but no written-statement was filed. 4. Counsel for the defendant appearing before the trial Court filed an application under Section 151, C.P.C. on 08.07.2008 along with written-statement and submitted that written-statement may be taken on record. The said application remained pending before the trial Court till 28.07.2011. Now, vide order impugned dated 28.07.2011, the trial Court rejected the application filed by the defendant-petitioner on 08.07.2008 under Section 151, C.P.C. for taking the written-statement on record for two reasons, firstly, no application for reviewing order dated 21.05.2008 whereby the opportunity of filing written-statement was closed is filed; and, secondly, for the reason that order dated 21.05.2008 was not challenged by the petitioner-defendant further before this Court by way of filing written-statement. 5. In my opinion, in the application filed under Section 151, C.P.C. there is no prayer even to recall the order dated 21.05.2008. The application for taking written-statement filed under Section 151, C.P.C. was filed in very casual manner as if the Court is under obligation to accept such application even without recalling or reviewing order dated 21.05.2008. Therefore, no error has been filed by the trial Court in rejecting the application filed under Section 151, C.P.C. vide order dated 28.07.2011 upon the reasons incorporated in the order. 6. However, looking to the facts and circumstances of the case and the fact that written-statement was placed on record by the petitioner-defendant along with application dated 08.07.2008, therefore, in the interest of justice, while exercising power under Article 227 of the Constitution of India, the trial Court is directed to take written-statement on record which is already filed by the petitioner-defendant upon cost of Rs. 2,000/- because for last 36 months, after passing order dated 21.05.2008, the trial of the suit has been delayed. Ordered accordingly. 7. In this view of the matter, order impugned dated 21.05.2008 is set aside and trial Court is directed to take the written-statement on record on cost of Rs. 2,000/-. 8. This writ petition stands disposed of.Writ Petition Disposed of. *******