Sakshi Sehgal vs State Bank of India

Alok Singh, J.—Present petition is filed challenging the order dated 16.09.2010 passed by the learned Civil Judge (Senior Division), Jalandhar, whereby defence of the defendant petitioner was directed to be struck off on account of nonfiling of the written statement within stipulated period.

Learned Counsel for the defendant - petitioner states that written statement is ready and shall be filed within such time as fixed by this Court. He further states that written statement could not be filed earlier because of non-availability of the counsel fee.

In the opinion of this Court, present petition can be disposed of at the admission stage without any notice to the respondent just to avoid undue delay in the disposal of the suit.

Hon''ble Apex Court in the matter of Kailash Vs. Nanhku and Others, , has held that provision of Order 8 Rule 1 C.P.C. are not mandatory rather directory in nature and on sufficient cause being shown, defendant can be permitted to file written statement after expiry of 90 days.

Keeping in mind, the golden rule that none of the party should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after giving sufficient opportunities to both the parties to place on record pleadings, evidence and other materials required for fair adjudication of the case, I direct that defendant - petitioner shall file written statement before the learned Trial Court on or before 30.11.2010 with advance copy to the plaintiff. Defendant - petitioner herein shall pay Rs. 5,000/- as costs to the plaintiff on or before the filing of the written statement. It is made clear that no further time shall be granted to defendant in the event of non-filing of the written statement. Learned Trial Court thereafter shall proceed in accordance with law.

Petition shall stand disposed of accordingly.