JUDGMENT M.N. Bhandari, J. By this petition, a challenge is made to the order dated 9th April, 2015. An application for extension of time to file written statement was rejected. 2. It is a case where after service of notice, written statement was not filed within a period of 90 days. An application for extension of time was filed immediately after closing chance to file written statement. It was dismissed vide impugned order dated 9th April, 2015. The written statement could not be filed due to ailment of one of the defendant who is an old lady and said to be suffering from ailment. The court dismissed the application finding no document to support the ailment. 3. Learned counsel submits that in absence of material to support the ailment, dismissal of the application is justified. 4. I have considered the submissions of the parties and find that in a suit for permanent injunction, written statement was not filed within a period of 90 days. It is case that soon after expiry of 90 days, an application for extension of time to file written statement was filed. It was mainly in reference to the ailment of one of the defendant who is an old lady and mother of other defendant. No document to support the ailment was submitted despite objection taken by the respondents. In such circumstances, dismissal of the application cannot be said to be improper but denial to file written statement would be little harsh for the petitioner. Hence, taking a lenient view in the case and proper opportunity of defence by the petitioners herein, I am of the opinion that written statement already filed be taken on record but it would be at the cost of Rs.5,000/-. The impugned order is accordingly set aside, however, cost of Rs.5,000/- would be paid within two weeks from today, failing which, the order passed herein would stand nullified automatically. 5. The writ petition is disposed of with the aforesaid. It disposes of the stay application also.