Mukesh Chand Verma vs Rajinder Singh and others

Heard learned counsel for the parties. Though during the course of arguments, learned counsel for the petitioner could not point out any infirmity with the order under challenge, vide which learned Court below has disallowed the application so filed by the present petitioner to permit them to file written statement beyond the statutory period, however, taking into consideration the larger interest of justice, as a matter of indulgence, this Court is granting one more opportunity to the present petitioner to file his written statement before the learned trial Court by setting aside the impugned order i.e. order dated 14.12.2016, passed by the learned trial Court in Civil Suit No. 39 of 2016.

The opportunity being granted by this Court is subject to the following conditions.

a) The petitioner shall pay cost of Rs. 7,500/- to respondent No. 1/plaintiff in lieu of opportunity so granted by this Court.

b) The cost shall positively be paid by petitioner on or before next date of hearing so being fixed by this Court to file written statement.

c) The petitioner shall on the date so being fixed file his written statement and in case, the petitioner fails to file the same on the said date, then this order shall automatically become inoperative and order setting aside opportunity to file written statement passed by learned trial Court shall be revived.

Parties through their learned Counsel undertake to appear before learned trial Court on 19th of July, 2017, on which date, petitioner/defendant No. 3 shall positively file his written statement before the learned trial Court. It is clarified that learned trial Court shall not enlarge the time so granted to the present petitioner by this Court to file written statement under any circumstance and it shall be imperative for the petitioner to file his written statement before the learned trial Court on 19th July, 2017. The petition stands disposed of in the above terms, so also pending miscellaneous application(s), if any.