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SUNIL DUTTA MISHRA
Md. Gayasuddin – Appellant
Versus
Most. Girija Devi – Respondent
Sunil Dutta Mishra, J. – Heard learned counsel for the parties.
2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dated 13.09.2018, passed by learned Sub-Judge-I, Purnea in Title Suit No. 165 of 2014 whereby and whereunder the learned court below rejected the petition dated 20.02.2016 filed by the petitioners for accepting the written statement filed by them after recalling the order dated 18.09.2015 by which petitioners have been debarred from filing written statement.
3. It appears from the record that the plaintiffs/ respondent 1st party filed Title Suit No. 165 of 2014 for declaration that the plaintiffs are Kaimi Raiyat of the ancestor suit holdings. The petitioners/ defendants appeared in the suit on 17.04.2015 but written statement on their behalf has not been filed within the prescribed time period accordingly the learned court below debarred the defendants from filing written statement on 18.09.2015. The application for recall of the said order and accepting the written statement filed on their behalf has been rejected by the learned trial court.
4. Learned counsel for the petitioners submits that petitione
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The time of 90 days prescribed for filing written statement under Order VIII Rule 1 of CPC in an ordinary suit is directory and not mandatory. The court has the discretion to grant further time to th....
Strict adherence to procedural deadlines for filing written statements is essential; ignorance of law does not excuse late filings.
The main legal point established in the judgment is that the provision under Rule 1 of Order VIII CPC is directory and may be extended in exceptional circumstances, beyond the prescribed time period,....
Courts must provide reasoned orders when deciding procedural applications to uphold fair trial rights and ensure proper judicial process.
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