Satanza Developers and Infrastructure Pvt. Ltd. and Others vs Shakuntla Devi and Another

Alok Singh, J.—Present petition is filed challenging the order dated 13.8.2010 passed by Civil Judge (Sr. Divn.) Panipat whereby defence of the Defendants was directed to be struck off for non-filing of written statement within 90 days.

Learned Counsel for the Defendants-Petitioners states that Defendants could not file written statement on or before the date fixed as he was not informed by his counsel pertaining to the date fixed. Learned Counsel for Defendants/Petitioners further states on the date fixed either by this Court or by trial Court written statement shall be filed.

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 Code of CPC are not mandatory but are directory in nature. Hon''ble Apex Court has also held that in the peculiar facts and circumstances of the case and after satisfying that there was reasonable excuse and explanation for the Defendant for not filing written statement within time, Court may permit the Defendant to file written statement beyond 90 days.

Considering the 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 on or before 30.11.2010. Defendants-Petitioners shall also pay cost of ` 5000/-to the Plaintiffs-Respondents on or before 30.11.2010. 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.

Petition stands disposed of.