Gopal vs Hardei and Other

Dharam Chand Chaudhary, J.—Challenge herein is to the order passed on 18.3.2014, by learned Civil Judge (Senior Division), Mandi, in Civil Suit No. 43/2013, closing thereby the defence of petitioner, who is defendant No. 5 in the suit, on account of his having failed to file written statement within the statutory period. The prayer made by learned counsel representing him for extension of time to file the written statement was declined.

Order 8 Rule 1 of the CPC provides for filing of written statement within 30 days from the date of receipt of summons by the defendant in the suit. Proviso below Rule 1 of Order 8 provides for filing of written statement by the defendant on any other day i.e. beyond the period of 30 days, if allowed by the Court, by an order to be recorded in writing with reasons.

This Court feels that in the ends of justice, the petitioner-defendant should be permitted to approach learned trial Court for seeking time for filing written statement in terms of Order 8 Rule 1 CPC and the proviso thereto, however, the opportunity, this Court deems appropriate to grant, will be subject to just exceptions and payment of costs by the petitioner to respondent-plaintiff Hardei. The impugned order, therefore, is quashed. The petitioner shall be at liberty to file written statement along with appropriate application in terms of the provisions contained under Order 8 Rule 1 CPC. The application will be considered by learned trial Judge, in accordance with law, and subject to just exception. The opportunity so granted to the petitioner-defendant shall be subject to payment of ` 2,000/- to respondent-plaintiff Hardei. The petition stands accordingly disposed of so also the pending application(s), if any.

Copy Dasti.