petitioner/defendants 1 and 2 would submit that since certain material particulars were unavailable and could not be secured, hence the petitioners/defendants 1 and 2 were unable to file written statement in time, whereas the Court below had set them exparte on 21.12.2011 for not filing the written statement within the time limit,despite several chances given. The learned counsel would further submit that the fact remains that the suit was in the initial stage and summons were yet to be served on some other defendants and it is not a case that the petitioners/defendants were reason for non progress and delay of the suit. The Trial Court without taking into consideration the stage of the suit had erred in dismissing the petition. The learned counsel would further submit that the petitioners have got good case on merits and substantial rights of the petitioners are also involved in this case. Failure to file written submission on 21.12.2011 was neither wilful nor wanton and that the petitioners were unable to file written statement and the petition under Order 7 Rule 11 to reject the plaint only because of non availability of certain important materials. He would further submit that some other defendants are also contesting the case and the suit is also still pending and the suit has not been disposed of, hence he would pray that the and the revision may be allowed on costs and terms. He would reiterate that the petition to set aside the exparte order was also filed within time. The learned counsel would further submit that the petitioners undertake to file written statement before the Trial Court on or before next hearing date.
