JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. Petitioners challenge the order dated 27.08.2018 in CS No. 827/18 titled as “Akhil Garg vs. Deep Chand Lunia & Ors.” whereby the learned Trial Court had directed taking off record the written statement filed by the petitioner/ defendant on the ground that it was filed beyond 90 days as also for the reason that there were no signatures appended by the petitioner/ defendant on the written statement as well as the verification paragraph.

2. Mr. Sunil Dutt Dixit, learned counsel appearing for the petitioner/ defendant submits, that as per the judgment of the Supreme Court in Kailash vs. Nanhku and Ors., reported as (2005) 4 SCC 480 and Bharat Kalra vs. Raj Kishan Chabra reported as 2022 SCC Online SC 613 the written statement may be taken on record on compensatory costs being paid by the defendant to the plaintiff.

3. Learned counsel also submits that the failure to append signatures on the written statement as well as the verification is a mere irregularity, which can be rectified. He also submits that the affidavit which accompanied the written statement was duly signed and attested by the defendan