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SUNIL DUTTA MISHRA
Sanjay Kumar, Son of Kuldeep Yadav @ Kuldeep Prasad – Appellant
Versus
Jitender Kumar, Son of Kuldeep Yada @ Kuldeep Prasad – Respondent
ORDER :
Heard learned counsel for the parties.
2. The instant Civil Miscellaneous application has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 08.12.2017 passed by learned Sub Judge -1st Patna in connection with Title Partition Suit No. 1971 of 2014 whereby and whereunder the petitioner’s petition dated 30.01.2017 for recalling the order dated 14.03.2016 under which he was debarred to file his written statement and further to accept his written statement, has been rejected.
3. Learned counsel for the petitioner submits that plaintiff has filed the partition suit in which petitioner/defendant no. 3 filed his appearance through his advocate on 30.07.2015 who advised him to collect all necessary documents as earlier the partition between the parties had already done and during that period the wife of petitioner was seriously ill and was unable to meet his counsel due to which he has failed to file written statement within the prescribed time period. He further submits that delay was not intentional but it was due to circumstances which was not under his control and along with the recall petition he had filed the written statement on
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,....
The main legal point established in the judgment is that the time limit for filing written statements is not mandatory in non-commercial suits and the court has the discretion to extend the time, as ....
The central legal point established in the judgment is that disputes should be resolved on merits rather than on technicalities, and therefore, delay in filing pleadings can be condoned to ensure tha....
In partition suits between elderly step-brothers, 58-day delay in written statement condoned as exceptional case warranting defendant's pleadings for fair trial, avoiding defective decrees and prolon....
Unjustified delay in filing written statement can lead to dismissal of the petition.
Delay in filing a written statement due to late record receipt justified acceptance in interest of justice.
The court emphasized the directory nature of procedural laws and the need for exceptional circumstances to depart from the time schedule for filing written statements, considering the expeditious tri....
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