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2022 Supreme(Raj) 2915

ASHOK KUMAR GAUR
Manju Saini D/o Late Shri Moti Lal – Appellant
Versus
Shri Digambar Jain Mandir- Vaidan – Respondent


Advocates Appeared:
Mr.Shyam Lal Sharma, Adv., for the Appellant; Mr.Mahesh Gupta, Adv., for the Respondent

ORDER

1. This writ petition has been filed by the petitioner challenging the order dated 04.10.2018, whereby the Court below has refused to take written statement on record as the same was filed beyond the period of 90 days.

2. Learned counsel for the petitioner submitted that the petitioner had engaged a lawyer to appear in the Civil Court after receipt of notices and as such Vakalatnama was filed on her behalf on 09.01.2018.

3. Learned counsel submitted that the petitioner moved an application to provide copy of document (Map), which was not annexed with the suit and finally the same was supplied to the petitioner on 05.04.2018.

4. Learned counsel submitted that after 05.04.2018, the next date was fixed on 24.05.2018 and counsel for the petitioner could not file the written statement due to unavoidable circumstances and on the next date i.e. on 04.07.2018, the Court below has refused to take the written statement on record.

5. Learned counsel submitted that there has been no intention of delaying the said proceedings and the period prescribed under Order 8 Rule 1 CPC of filing written statement is only directory and if the sufficient reasons are given before the Court below, the Court

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