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2025 DIGILAW 810 (RAJ)

Nagar Parishad Hanumangarh v. Devendra Kumar

2025-03-17

NUPUR BHATI

body2025
Order : 1. The petitioner has preferred the instant writ petition with the following prayers:- “It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and 1. By an appropriate writ order or direction, the order dated 24.07.2018 (Annexure-2) passed by the Civil Judge, Hanumangarh in Civil Suit No.27/2018 titled as Devendra & Ors. Vs. Nagar Parishad, Hanumangarh may kindly be declared illegal and quashed and set aside 2. By an appropriate writ order or direction, the written statement filed by the petitioner-defendant may kindly be ordered to be taken on record.” 2. Learned counsel for the petitioner submits that despite service, nobody has put in appearance on behalf of the respondents. He further submits that the petitioner was given four opportunities to file written statement but the petitioner could not file however, the trial court vide order dated 24.07.2018 closed the opportunity to file written statement. Learned counsel for the petitioner states that one last opportunity in the interest of justice may be given to the petitioner to file his written statements upon paying the cost. 3. Despite service, nobody has put in appearance on behalf of the respondents. The Co-ordinate Bench of this Court vide order dated 13.08.2019 had stayed the further proceedings of the suit. 4. On a bare reading of the impugned order, this Court finds that the order is well justified as the petitioner/defendant was given several opportunities for filing his written statements but has not done so. However, in the interest of justice and for getting the matter decided on merits, this Court imposes a cost of Rs.10,000/- which shall be paid by the petitioner to the private respondent before the next date and subject to such payment, the learned court below shall given one last opportunity to the petitioner/defendant to file his written statements on the next date. 5. Thus, the present petition is disposed of with aforesaid direction. The impugned order dated 24.07.2018 (Annexure-2) shall not come in between such implementation.