Mohmad Bilal and Others vs Daud and Others

Alok Singh, J.—Present petition is filed challenging the order dated 23.7.2010 passed by Addl. Civil Judge (Sr. Divn.) Nuh whereby defence of the Defendants-Petitioners was directed to be struck off for non-filing of written statement within stipulated time.

Learned Counsel for the Petitioners states that on 1.9.2010 day fixed for filing of written statement, Defendant could not appear before the Court below to file written statement as he was suffering from fever and there was heavy rain on that day. Learned Counsel for the Petitioners further states that written statement is ready and shall be filed within such time as fixed by this Court.

Learned Single Judge of this Court in the matter of Prem Lata v. Ram Sarup reported in 2005(4) RCR 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Machine Tools Workshop Coop. v. Presiding Officer, Labour Court C.R. No. 8146 of 2010 has held that matter can be disposed of C.R. No. 8146 of 2010 at the stage of admission without any notice to the opposite party, because if the Respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.

In the opinion of this Court, present petition can be disposed of without issuing any notice to the Plaintiffs-Respondents at the admission stage. This Court further finds that issuing notice to the Plaintiffs-Respondents would amount to unnecessary delay in the disposal of the suit, hence, this Court proposes to decide the present petition without issuing notice to the Plaintiffs-Respondents.

Hon''ble Apex Court in the matter of Kailash Vs. Nanhku and Others, has held that provision of Order 8 Rule 1 CPC are not mandatory but are directory in nature and on sufficient cause being shown, Defendants can be permitted to file written statement beyond statutory period.

Considering the peculiar facts and circumstances of the case and keeping in mind the golden rule that none should be given walk over and lis between the parties should be decided, as far as possible, on the merits after giving sufficient opportunities to both the parties to place on record pleadings, material and evidence, I direct that Petitioners/Defendants shall file written statement within 15 days from today in the Court below.

Defendants-Petitioners shall pay cost of Rs. 5000/- to the Plaintiffs-Respondents. It is, however, made clear that no further time shall be granted for filing written statement or for payment of cost. On filing written statement and payment of cost, learned trial Court shall proceed with the case in accordance with law. If respondents feel aggrieved from this order, they shall be at liberty to move this Court for recalling of the order.

Petition stands disposed of.