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2019 DIGILAW 765 (HP)

Gurbaksh Singh v. Rakesh Kumari

2019-06-24

AJAY MOHAN GOEL

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JUDGMENT : Ajay Mohan Goel, J. Petitioner herein, who is plaintiff before the learned Trial Court, is aggrieved by the act of the learned Trial Court, whereby it allowed the written statement filed by the respondents herein before the learned Trial Court on 03.10.2017 to be taken on record, ignoring the fact that after service, the respondents, who are the defendants before the learned Trial Court, appeared before it for the first time on 07.06.2017 and despite grant of time, neither filed the written statement between the statutory period of 90 days, nor filed any application under Sections 148 or 151 of the Code of Civil Procedure for extension of time when the written statement was submitted by them on 03.10.2017. 2. Learned counsel for the petitioner has argued that once the statutory period for filing the written statement was over, learned Trial Court could not have taken the same on record in the absence of there being any application filed by the defendants therein explaining as to why the written statement could not be filed within the statutory period. Mr. Singh has argued that there is a rationale as to why the time frame has been fixed for filing the written statement and the rationale is that the litigation has to be decided within a time bound period and if the Trial Courts do not adhere to the same and allow the pleadings to be taken on record at their whims and fancies, then the very purpose of fixing the said limitation shall be frustrated. 3. On the other hand, learned counsel for the respondents has argued that there is no perversity with the order which stands impugned by way of present petition, because there was no inordinate delay in filing the written statement and taking the same on record by the learned Trial Court advances the cause of justice, because no fruitful purpose would be achieved by denying the present respondents’ right to file the written statement. 4. Having heard learned counsel for the parties, in my considered view, there is some merit in the contention of learned counsel for the petitioner, because once there is a statutory limit prescribed within which written statement has to be filed, then if learned Trial Court is accepting the written statement beyond the said period, there has to be some explanation why the same has been done. In other words, when a party does not file a written statement within the statutory period, then the least which is expected from the party is that it shall file an appropriate application for extension of time mentioning therein the reasons as to why the written statement could not be filed within the statutory period and in case the Court concerned comes to the conclusion that there was justification as to why the written statement could not be filed within the statutory period, the same can be allowed by the learned Trial Court by imposing costs, but if to the contrary, learned Trial Court comes to the conclusion that the justification so given does not inspire confidence, appropriate orders can be passed. 5. Coming to the facts of this case, as learned Trial Court has already ordered the written statement so filed by the respondents herein to be taken on record, this Court in the interest of justice is not interfering with the said order, however, taking on record of the written statement filed by the respondents is qualified with the rider that the same shall be read as part of the pleadings only if by the next date of hearing, respondents pay cost to the tune of Rs.10,000/- to the petitioner by way of a Bank Draft. It is clarified that in case no cost is paid, as has been ordered by this Court, then the written statement filed by the respondents, which has been ordered to be taken on record by the learned Trial Court, shall not be permitted to be a part of the pleadings. Parties are directed to appear before the learned Trial Court on 22nd July, 2019. Petition stands disposed of in above terms, so also pending miscellaneous applications, if any.