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NUPUR BHATI
Amarchand S/o Pyara Ji – Appellant
Versus
Jagdish Chandra S/o Heeralal Ji – Respondent
ORDER :
1. This writ petition has been filed by the petitioner/defendant under Article 226 and 227 of the Constitution of India challenging the order dated 13.02.2024 passed by learned Additional District Judge No. 1, Nimbaheda, Chittorgarh in C.O. 40/2023 (Jagdish Chandra v Amarchand), whereby petitioner's right to file the written statement has been closed and ex-parte proceedings have been initiated against the petitioner.
2. The writ petition has been preferred with the following prayers:-
(i) The order dated 13.02.2024 (Annex. P/2), passed by the Learned Additional District and Sessions Judge No. 1, Nimbaheda, Chittorgarh, in C.O.40/2023 (Jagdish Chandra v. Amarchand) may kindly be quashed and set aside and the petitioner may be granted sufficient time to file written statement and the ex parte proceedings that were initiated against the petitioner may also be set aside.
(ii) Any other order favorable to the Petitioner may also be passed.
(iii) Cost of the writ petition may be awarded”
3. Briefly stated, the facts of the case a
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.
Liberal approach in construing sufficient cause for condonation of delay and the importance of deciding matters on merits rather than technical grounds.
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.
The right to file a written statement is forfeited if not submitted within the statutory period, and courts lack discretion to extend this period.
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....
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
Deliberate delay in adjudication can lead to the closure of the right to file a written statement.
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