Sushil Dhillon vs Lawrence Shool & Ors

Jyotsna Rewal Dua, J.

In view of the nature of order being proposed to be passed in the matter, no notice is required to be issued to proforma respondents No.3 and 4.

The petitioner is defendant No.2 in the civil suit filed by respondents No.1 and 2. Petitioner prayed for and was granted repeated opportunities to file her written statement. These opportunities were not availed by her. Vide order dated 18.11.2022, learned Trial Court permitted filing of written statement by the defendants including the present petitioner subject to cost of Rs.300/-. Even this opportunity was not availed by the petitioner. On 23.12.2022, last opportunity subject to further cost of Rs.200/- was accorded to the defendants including the petitioner for filing the written statement. The matter was ordered to be listed for filing of written statement for 20.01.2023. On 20.01.2023, defendants No.1 & 3 paid cost imposed upon them and filed their written statements, however, on behalf of defendant No.2 further time was prayed for filing the written statement. An application in this regard was moved under Section 148 CPC. Learned Trial Court observed that sufficient time had already been granted to defendant No.2 for filing the written statement, hence, prayer was rejected and right of filing the written statement on behalf of defendant No.2 was struck off on 20.01.2023. The petitioner is before this Court against the order dated 20.01.2023.

I have heard learned counsel for the petitioner (defendant No.2) and learned counsel for respondents No.1 and 2 (plaintiffs).

Learned counsel for respondents No.1 and 2 (plaintiffs) contended that the order passed by the learned Trial Court suffers from no infirmity as defendant No.1 had not filed the written statement despite having been granted opportunity to do so at the cost of Rs.300/- vide order dated 18.11.2022. That the learned Trial Court had shown indulgence by granting one more opportunity subject to further cost of Rs.200/- to the petitioner for filing the written statement. Even this opportunity was not made use of by the petitioner. Accordingly, prayer was made for dismissing the petition.

Having heard learned Senior Counsel for the petitioner and learned counsel for respondents No.1 and 2, in my considered view, the impugned order cannot be said to be suffering from any illegality or irregularity. The order sheets placed on record amply demonstrate that defendant No.2 (petitioner) had not filed her written statement. Repeated opportunities made available to her by the learned Trial Court were wasted by defendant No.2. The petitioner (defendant No.2) did not care to file the written statement despite the fact that in all cost of Rs.500/- stood already imposed on her by the learned Trial Court. However, taking note of the fact that the civil suit is presently at the initial stage and defendants No.1 & 3 have filed their written statement on 20.01.2023, it will be expedient and in the interest of justice to grant one opportunity to the petitioner (defendant No.2) to file her written statement. Accordingly, one opportunity is hereby granted to the petitioner to file her written statement before the learned Court below on the next date of listing. This shall be subject to further cost of Rs.1,000/- in addition to cost of Rs.500/-already imposed upon her by the learned Trial Court under orders dated 18.11.2022 and 23.12.2022. Parties through their respective learned counsel are directed to appear before the learned Civil Judge, Court No.1 Kasauli, District Solan on 22.05.2023. Written statement shall be accepted by the learned Trial Court subject to payment of the aforesaid costs. It is made clear that no further opportunity shall be made available to the petitioner for filing the written statement.

With these directions/observations, the present petition is disposed of, so also the pending miscellaneous application(s), if any.