Suraj Chauhan vs Pushpa Prasad and Others

Leave granted.

Mr. P.N. Gupta, learned Counsel appears for the contesting Respondent (R.1) and waives notice. Notice to Respondents 2 to 5 is dispensed with in both the appeals.

The Appellant is the first Defendant in two suits filed by first Respondent, one for cancellation and other reliefs. On the ground that the first Defendant-Appellant did not file his written statement, the Plaintiff-first Respondent filed applications under Order 8 Rule 10 CPC in two suits. The Appellant filed his written statement along with an application to receive the same. The trial court by orders dated 03.02.2009 and 23.01.2009 dismissed the Appellant's application for receiving the written statement and allowed the application filed by the first Respondent under Order 8 Rule 10 Code of Civil Procedure. The writ petition filed by the Appellant challenging the said orders has been dismissed by the impugned order dated 03.03.2009.

On the facts and circumstances, we are of the view that the trial court ought to have received the written statement. The suits were still at preliminary stages and the Appellant had explained the reasons for not filing the written statement earlier. Interests of justice would be served if the written statement is received in both cases, subject of course to terms.

We accordingly allow the appeals, set aside the orders of the High Court and the courts below and allow the applications filed by the Appellant for receiving the written statement subject to the payment of Rs. 15,000/- as costs, in each case to the first Respondent. The first Defendant-Appellant shall not however cause delay under the guise of the filing of the written statement. The trial court shall endeavor to complete the suits expeditiously preferably within four months.