Chagan and Another vs Banna and Another

R.S. Chauhan, J.—The petitioners have challenged the order dated 23.1.2013 passed by the Additional Chief Judicial Magistrate (Sr. Div.), Malpura, whereby the learned Magistrate has closed the right of the petitioners to file their written statement.

The learned counsel for the petitioners has pleaded that although the suit was filed in January 2012, since the petitioners were working outside the village, they could not file their written statement during the stipulated period given in the Code of Civil Procedure. Therefore, the learned Magistrate should have been generous enough to permit them to file the written statement.

Heard the learned counsel and perused the impugned order.

This Court has asked the learned counsel as to the present status of the case. He informs this Court that the case is listed for final arguments.

A bare perusal of the order dated 23.1.2013 clearly reveals that sufficient opportunities were given by the learned Magistrate to the petitioners to file their written statement. Despite opportunities so given, they failed to submit their written statement. Since the case is now listed for final arguments, it is too late in the day to permit the petitioners to submit their written statement.

Therefore, this Court does not find any illegality or perversity in the impugned order. However, the petitioners shall be free to raise any contention that they wish to make before the learned trial court during the final arguments.

With these observations, this petition is hereby dismissed.

Consequently, the stay application also stands dismissed.