High CourtsSingle Bench(2023) 05 MEG CK 0027

Barun Gattani vs Wanpynsuk Passah

Meghalaya High Court · Decided on 5 May 2023

HON’BLE JUDGES
H.S. Thangkhiew, J
RESULT
Disposed Of
CASE NUMBER
Civil Revision Petition No. 37 Of 2022

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Judgment

7 paragraphs · 278 words

H.S. Thangkhiew, J

1.

Heard Mr. M.Sharma, learned counsel for the petitioner and Mr. O.Shylla, learned counsel for the respondent.

2.

The grievance of the writ petitioner is that by the impugned order dated 15-11-2022, the filing of written statement has been closed by the Trial Court.

3.

Mr. M.Sharma, learned counsel for the petitioner submits that as the written statement has not been filed within the statutory time period fixed under Order 8 Rule 1, an application for grant of more time was filed being Petition No. 51 of 2022, but however, though the counsel was present in Court, by the time he appeared, the impugned order had already been passed. Learned counsel prays that as the laches occurred due to the delay of appearance on the part of the counsel, the same may be condoned and the petitioner be allowed to move the application which is already on record before the Trial Court.

4.

Mr. O.Shylla, learned counsel for the respondent fairly concedes to this submission, but has also made a prayer that in the event the matter is allowed, the Trial Court be directed to expedite the hearing of the case.

5.

Having heard the learned counsel for the parties on this limited point only, this revision application is allowed and the impugned order dated 15-11-2022 is hereby quashed and set aside, and the Petition No. 51 of 2022 is restored to file for hearing. It is made clear that the matter shall be taken up for disposal expeditiously, as also the main suit.

6.

With the above directions, the matter stands closed and disposed of. Registry is directed to send back the LC record.