Arun Bhansali, J.

Looking to the fact that the affected party in the present writ petition is respondents No. 1 to 6 represented by counsel, service on rest of the respondents is dispensed with.

2. Heard learned counsel for the parties.

3. The petitioner is aggrieved by acceptance of application filed by the respondents, whereby the written statement filed by the petitioner has been ordered to be excluded by the trial court. The trial court on noticing that the written statement was filed after 12 years form the date of filing of the suit without indicating any reason for the delay and/or seeking permission from the court for producing the said written statement, ordered on application filed by the respondents to exclude the same.

4. Learned counsel for the petitioner submits that the petitioner may be granted one opportunity so as to take the written statement on record as the petitioner would be without any defence, if the same is not permitted and the petitioner is prepared to compensate the respondents by way of costs as the suit even otherwise has not proceeded beyond framing issues.

5. Learned counsel for the respondents vehemently opposed the submissions made, it is submit