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NUPUR BHATI
Rakesh Kumar S/o Shri Babulal – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Finance Department – Respondent
ORDER :
Nupur Bhati, J.
1. The instant writ petition has been filed by the petitioner challenging the order dated 09.09.2024 passed by learned Additional District Judge, Barmer (‘Trial Court’), whereby the learned Civil Judge has dismissed the application filed by the petitioner herein in Civil Original Suit no. 188/2017 (60/2009) under Section 151, Code of Civil Procedure, 1908 (‘CPC’). The instant writ petition has been filed by the petitioner for quashing and setting aside of the impugned order with the following prayer:
(i) by an appropriate writ, order or direction, the impugned order dated 09.09.2024 (Annexure-8), passed by the learned Additional District Judge, Barmer, in Civil Original Suit No.-188/2017 (60/2009) (State of Rajasthan & Ors. versus Rakesh Kumar & Anr.] may kindly be set aside and the written statement filed by petitioner may be taken on record.
(ii) Any other appropriate order or direction which this Hon'ble Court deem just fit and proper may kindly be passed in favour of the petitioner.
(iii) Cost of the writ petition may kindly be awarded in favour of the pe
The court upheld the dismissal of the writ petition, affirming that the petitioner failed to justify the delay in filing a written statement, thus upholding the Trial Court's decision.
The court upheld the dismissal of the writ petition due to the petitioner's failure to file written statements within the stipulated time, emphasizing adherence to procedural timelines.
The court upheld the necessity of adhering to procedural timelines in civil proceedings, emphasizing that applications under Order VII Rule 11 are independent of written statements.
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....
The main legal point established in the judgment is that the stipulated period for filing written statements can be affected by external factors such as the Covid-19 pandemic, and a statutory right c....
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The court emphasized the importance of justice by allowing the defendant one more opportunity to file a written statement, subject to cost payment.
Procedural law is directory in nature, and the court must protect the substantial rights of the defendant.
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