A party seeking to file a written statement after attaining majority must provide material to establish that the previous written statement filed on their behalf was not properly contested or that their interests were not protected.

- This application under Section 115 of the Civil P. C. is by one of the co-defendants against the order passed by the Asst. District Judge. Gauhati, rejecting the application of the petitioner made under Order 32, read with Section 151 of the Civil P. C. for short "the Code".

2. The plaintiff filed the ejectment suit. It is stated by Mr. B. Sarma, counsel for the plaintiff opposite party that in the ejectment action the defendants had already taken the matter to the Supreme Court in Special Leave to Appeal (Civil) No. 2116 of 1980 against the judgment and order dated 18-1-1980 passed by this High Court in Civil Revn. No. 154 of 1979. However, the same was rejected by the Supreme Court. Learned Counsel for the petitioner however submits that the petitioner was minor at that time, but at the same time he concedes that the proceedings were so taken to the Supreme Court via this Court. Therefore, the first round of "our long distance litigation" is already over. The second round is about to begin.

3. The petitioner (defendant No. 9) filed an application under O.32 read with Section 151 of "the Code" claimed that she had attained majority and supplicated to the court to permit her to file written statement which naturally meant a fresh "take off" of the proceedings though it has reached the stage of argument. In short, if her prayers are allowed the suit posted for hearing argument would take years to conclude. However, this cannot stand in the way of granting the relief if the ends of justice demands.

4. The Court below on materials made available to it held that the petitioner had failed to establish that she had attained majority and accordingly rejected her prayer to allow her to file a separate independent written statement. It may be stated at this stage that the certified copy of the order shows that the suit was fixed on 30th June, 1982 "for steps for hearing". However, Mr. B. Sarma learned counsel for the opposite party submits that the suit is now posted for hearing arguments on 4-8-1982. This fact is also affirmed by Shri S.N. Medhi, learned counsel for the petitioner. Therefore, the suit which is now ready for argument and delivery of judgment, was about to be stalled by the application under O. 32 of the Civil P. C.

5. I have carefully perused the application of the petitioner under Order 32 read with Sec. 151 of the Code into the court of the first instance. I feel tempted to quote the relevant statements of facts contained therein. The extract read as under :

"1. That defendant No. 9, Smt. Kalyanee Ghose, has attained majority.

2. That defendant No. 9 was earlier represented by her mother Smt. Sandamini Ghose, defendant No. 2.

3. That the defendant No. 9 may kindly be allowed to enter appearance in the suit and to contest the same as she is vitally interested in the case and her right to property is in stake.

4. That the suit has not been properly contested by her mother and her interest has not been properly protected in the suit.

5. That the defendant No. 9 wants to contest the suit by filing written statement in the case.

6. That your honour may be kind enough to allow the defendant No. 9 to enter appearance in the case through her Advocate, file written statement in the case by fixing a date preferably after a month from to-day, and the plaintiff may kindly be directed to supply a copy of the plaint to enable her to prepare written statement.

7. That the defendant No. 9 is a college student and she, has recently come to know about the suit and as such she could not file the application earlier.

8. That this application it made bona fide and in the interest of justice.

It is therefore, hereby prayed that your honour may be kind enough to allow the defendant No. 9 to enter appearance in the suit to file written statement in the case and a date may kindly be fixed preferably after a month, in the meantime the plaintiff may be directed to supply a copy of the plaint to prepare written statement and may be pleased to p