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2010 DIGILAW 1744 (RAJ)

Dalpat Singh v. Mohan Lal

2010-10-19

SANGEET LODHA

body2010
JUDGMENT 1. - This writ petition is directed against order dated 20.7.2010 passed by the Civil Judge (Junior Division), Mawali in Civil Original Suit No. 4/10, whereby the application preferred by the petitioner/defendant seeking time to file written statement has been rejected and consequently the right of the petitioner/defendant to file written statement stands closed. 2. It is contended by the learned counsel for the petitioner that the petitioner could not file the written statement within the stipulated period on account of non availability of certain documents, which were required to be produced along-with the written statement and, therefore, the court below has seriously erred in rejecting the application seeking extension of time to file the written statement. 3. On the other hand, learned counsel appearing for the respondent submits that the day on which the application was filed by the petitioner seeking extension of time to file written statement period of 137 days had already expired and the court below had no jurisdiction to extend the time for filing the written statement any further in view of bar contained in proviso to Order 8, Rule 1 CPC, and, therefore, the application has rightly been rejected. 4. Having regard to the facs and circumstances of the case, in considered opinion of this Court, in the interest of justice, the petitioner/defendant deserves to be granted one opportunity to file written statement. The delay caused in proceedings of the suit may be compensated by payment of costs by the petitioner/defendant to the respondent/plaintiff. 5. Accordingly, the writ petition is allowed. The order impugned dated 20.7.2010 passed by the court below to the extent of rejection of the application of the petitioner seeking time to file written statement is set aside. It is directed that if the petitioner files the written statement within the period of one week from the date of this order, the same may be taken on record subject to payment of costs by the petitioner/defendant to the respondent/plaintiff quantified at Rs. 5,000/-. It is made clear that taking the written statement on record in terms of the order passed by this Court, shall not preclude the defendant/plaintiff from raising all legal objections available to him against the counter claim, if any, set out in the written statement to be filed by the petitioner/defendant.Writ Petition Allowed. *******