2003 Supreme(Pat) 1227

PATNA HIGH COURT
Ravi S.Dhavan, J.
Ram Saran Sah
Versus
Maheshwar Prasad Bhatar @ Maheshwar Bhatat
C.R. No. 1418 of 2002 ;
Decided On : NOVEMBER 28, 2003

Failure to file additional written statement within the specified time and penalization for delaying proceedings.

Headnote:

Revision - Additional Written Statement - The court dismissed the revision application as the additional written statement was not filed within the specified time, and the trial court was found to have not committed any error. The defendants were ordered to pay a cost for delaying the proceedings, and the suit was to proceed without the written statement if the cost was not paid.

Fact of the Case:

The petitioner sought revision of an order arising from a title suit, but the additional written statement, for which permission had been granted, was not filed within the specified time.

Finding of the Court:

The court dismissed the revision application, stating that the trial court had not committed any error. The defendants were ordered to pay a cost for delaying the proceedings, and the suit was to proceed without the written statement if the cost was not paid.

Issues: Delay in filing additional written statement, dismissal of revision application, cost for delaying proceedings

Ratio Decidendi: The court found that the trial court had not committed any error in not accepting the additional written statement after the filing period was over. The defendants were penalized for delaying the proceedings.

Final Decision: The revision application was dismissed, and the defendants were ordered to pay a cost for delaying the proceedings, with the suit proceeding without the written statement if the cost was not paid.