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TUSHAR RAO GEDELA
Subhash Chand – Appellant
Versus
Balkishan – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 23.09.2022 titled as CS DJ 75565/16 titled as "Balkishan vs. Subhash Chand" whereby an application under Section 151 of the CPC, 1908, filed by the respondent/plaintiff seeking modification of orders dated 25.09.2017 and 12.03.2019, was sought and was allowed.
2. Learned counsel appearing for the petitioner/defendant submits that though the right of the petitioner/defendant to file his written statement was closed as far back as on 16.04.2015 and subsequently on 22.04.2016, however, by other orders passed by the learned Trial Court, the petitioner was permitted to file his written statement and the matter proceeded further.
3. Learned counsel submits that the trial is at a stage, where the respondent/plaintiff's evidence was concluded and it was at the stage of the petitioner/defendant to lead his evidence. It was at that stage, where it was noticed that by virtue of the order dated 16.04.2016, the right of the petitioner/defendant to file his written statement was closed.
4. Learned counsel submits that once having been permitted to file his writ
The court's jurisdiction under Article 227 of the Constitution of India is limited to errors of jurisdiction or material irregularity, and failure to challenge orders within a reasonable time can lea....
The central legal point established in the judgment is the discretion of the courts to permit defendants to file their written statements and the need to decide suits on merits rather than technicali....
Closure of the right to file a written statement by the trial court can be revisited if the parties agree, with costs imposed ensuring fairness in the proceedings.
The main legal point established is that the right to file a written statement in a civil suit may extend beyond the prescribed period, as supported by the Code of Civil Procedure, 1908 and relevant ....
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
Trial Courts have discretion to grant last opportunities for filing written statements, emphasizing that extensions should not be routine but can be justified based on case circumstances.
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