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Rajesh Tiwari vs Chhatrpal Singh And Others

Madhya Pradesh High Court · Decided on 14 May 2026 · Citation: (2026) 05 MP CK 1424

HON’BLE JUDGES
Vivek Jain, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 151
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Petition No. 3159 Of 2026
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Judgment

9 paragraphs · 412 words

Vivek Jain, J

1.

By way of this petition, challenge is made to the orders dated 06.08.2025 and 08.04.2025. By the order dated 06.08.2025, the trial Court has closed the right of the petitioner/defendant to file written statement and vide order dated 08.04.2026, the trial Court has rejected application under Section 151 of CPC for grant of right to file written statement.

2.

The suit is of the year 2021 and on 06.08.2025, the petitioner had sought time to file written statement on the ground that the wife of the main counsel is admitted in hospital and the main counsel therefore, has not come to the Court. For this reason, time was sought to file written statement. The trial Court took note of the fact that the defendants No.1 to 3 are present in the suit since 09.12.2021 by they have not filed any written statement till date and therefore, closed the right of the defendant Nos.1 to 3 to file written statement.

3.

Thereafter, the petitioner filed application under Section 151 of CPC and sought leave to file written statement which has been rejected by the trial Court vide order dated 08.04.2026 on the ground that the conduct of the petitioner is not proper and even along with the application under section 151, the written statement has not been filed.

4.

Reasons assigned in the application was that the documents for filing the written statement were with the counsel and the counsel did not cooperate due to illness of his wife and the counsel due to that did not prepare the written statement and the petitioner was made to suffer due to default of the counsel. Moreso, it has been brought on record before the trial Court that the wife of the counsel was suffering from ill health and on account of that circumstance, the counsel did not cooperate with the petitioner for filing written statement in time.

5.

In view of this, this Court is inclined to grant one last chance to the petitioners to file written statement.

6.

Therefore, it is directed that if the written statement is filed within 10 days from today irrespective of summer vacations, then the said written statement shall be permitted to be taken on record and the trial Court shall proceed accordingly.

7.

This would be subject to payment of cost of Rs.10,000/- (Ten Thousand Only) to be paid to the plaintiff before the trial Court.

8.

Accordingly, this petition is disposed of.