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2012 DIGILAW 1381 (PNJ)

Savita v. Brija @ Brij Bala

2012-10-04

L.N.MITTAL

body2012
JUDGMENT Mr. L.N. Mittal, J.: (Oral) - Defendants no.1 to 3 have invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 12.09.2012 (Annexure P-4) passed by the trial court, thereby striking off the defence of the petitioners for non-filing of written statement. 2. I have heard counsel for the petitioners and perused the case file. 3. Counsel for the petitioners prayed that only one more opportunity may be granted to the petitioners to file written statement, which they shall file on or before 26.10.2012 – the date already fixed in the trial court for written statement of defendants no.4 and 5. 4. I have carefully considered the aforesaid prayer. 5. Perusal of impugned order of the trial court reveals that the petitioners put in appearance through counsel in the trial court on 01.06.2012, but did not file their written statement till 12.09.2012 – the date of impugned order. Order 8 Rule 1 of the Code of Civil Procedure stipulates filing of written statement by defendant within 30 days of service of summons, although the said period of 30 days is extendable to maximum of 90 days, for reasons to be recorded. However, this provision is directory and not mandatory. Being rule of procedure, this provision may be followed with some flexibility and not with extreme rigidity. 6. In the instant case, progress of the suit would not be delayed if aforesaid prayer of the petitioners is allowed, on payment of costs. The suit is already said to be fixed for filing of written statement by proforma defendants no.4 and 5. It may also be added that petitioners no.2 and 3 are minors. Ends of justice would, therefore, be served by allowing another opportunity to the petitioners for filing their written statement, on payment of costs. 7. I intend to dispose of the instant revision petition without issuing notice to respondents no.1 and 2/plaintiffs so as to avoid further delay in disposal of the suit and also to save respondents no.1 and 2/plaintiffs of the financial burden they may have to bear in engaging counsel for the revision petition, if notice of the same is issued to them. 8. 8. Accordingly, the instant revision petition is allowed and petitioners are permitted to file their written statement in the trial court only on or before 26.10.2012 – the date said to be fixed in the trial court, subject to payment of Rs.7,500/- as costs precedent.