Bala Prasad vs Jai Singh

This petition has been filed challenging the order dated 16th September, 2022 passed by the Civil Judge, Class-II, Manendragarh, District Koria in Civil Suit No.18-A//2020 (Jaisingh & Another Vs. Bala Prasad & Another), in which the application filed under Section 151 of the CPC for taking the written statement on record after the period of 90 days has been dismissed.

Facts of the case are that respondents No.1 & 2 filed a civil suit for declaration of title, permanent injunction and possession against defendant No.1, wherein the plaintiff has also filed an application under Order 39 Rule 1 & 2 of the CPC. Reply of the said application was also filed by the petitioner/defendant, however, due to Covid-19 situation, written statement could not be filed in time and the same was filed on 11.11.2021 along with an application under Section 151 of the CPC. By the impugned order, the trial Court has dismissed the application.

Learned counsel for the petitioner would submit that the impugned order is contrary to the facts, law and circumstances of the case, as on account of Covid-19 Pandemic situation, the Hon’ble Supreme Court in Suo Motu Writ Petition No.3/2020, vide order dated 10.1.2022 , directed that the period from 15.3.2020 till 28.2.2022 shall stand excluded for the purposes of limitation. Therefore, in the circumstances, the application should have been allowed by the trial Court. Hence, learned counsel prays to allow the writ petition and quash the impugned order.

On the other hand, learned counsel for respondents No.1 & 2 would support the impugned order. However, he fairly submits that due to Covid-19 situation, limitation was extended.

Heard learned counsel for the parties and perused the documents annexed with the writ petition with utmost circumspection.

In the matter of Prakash Corporates Vs. Dee Vee Projects Limited {(2022) 5 SCC 112}, it was categorically held that extension of limitation due to Covid-19 situation is also applicable for filing of the written statement. In para-28.1, the following was observed:-

“28.1 Having regard to the purpose for which this Court had exercised the plenary powers under Article 142 of the Constitution of India and issued necessary orders from time to time in SMWP No. 3 of 2020, we are clearly of the view that the period envisaged finally in the order dated 23.09.2021 is required to be excluded in computing the period of limitation even for filing the written statement and even in cases where the delay is otherwise not condonable. It gets perforce reiterated that the orders in SMWP No. 3 of 2020 were of extraordinary measures in extraordinary circumstances and their operation cannot be curtailed with reference to the ordinary operation of law.”

In view of the above legal dictum, on account of extraordinary situation of Covid-19 Pandemic, the limitation has already been relaxed. Therefore, the impugned order is not sustainable and the same is accordingly quashed. The concerned Court is directed to take written statement on record and proceed further in accordance with law.

With the aforesaid direction, the Writ Petition is disposed of.