Usha Singhal vs State Bank Of Bikaner & Jaipur And Ors.

Ranjit Singh, J

The appellant herein is impleaded as LR of defendant No. 5 in the OA filed by the Bank. Her Prayer to file written statement has been declined. Aggrieved against the same, the appellant has filed the present appeal. The Counsel for the appellant has referred to the order dated 18th December, 2014 passed by the Registrar, DRT-III, Delhi directing the Bank to supply complete set of paper book to the Counsel for the appellant and giving 30 days time to the appellant to file written statement upon receipt complete set of paper book The Bank instead of complying with the direction came up with the plea that it will not supply the paper book and evidence to the appellant as written statement has already been filed by deceased defendant No. 5.

The Counsel for the appellant had invoked the provisions of Order 22 Rule 4(2) of CPC to file fresh written statement on her behalf. The Tribunal instead of considering the prayer has closed the right of the appellant to file written statement.

Order 22 Rule 4(2), CPC entitle the person impleaded as LR of the deceased defendant to make any defence appropriate to his character as LR of the deceased defendant. For this purpose and otherwise to defend himself, the LR would need copy of documents, pleading and evidence as well. The Tribunal below has not considered the right of the appellant in terms of the legal provisions. The Tribunal below has even rejected the plea of the appellant without assigning any reason. The reason which apparently weighed with the Tribunal to pass this order is that the written statement has already been filed by late defendant No. 5. That in itself would not be a valid reason to curtail the right and stand which the appellant can be permitted to take as per law. At least, the appellant is required to disclose as to what she has inherited and her liability in regard to the claim of the Bank.

The impugned order therefore cannot be sustained. It is not considered necessary to issue notice to the respondents as the appellant has been permitted to file written statement in term of the law on which the respondent may not have much say. The appeal is accordingly allowed and the impugned order is set aside. The appellant will get one opportunity to file her written statement on or before the date fixed before the Tribunal below and would not seek any further adjournment for this purpose.

The appeal is allowed of in the above terms.