IMPORTANT POINT
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.

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:-

“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order, or direction,

(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 are that the respondent no. 1/plaintiff filed a suit for specific performance and permanent injunction against the petitioner/defendant and respondent/defendant no. 2 and 3 on 24.07.2023 (Annex. P/1), in pursuance to an agreement to sale dated 29.06.2019, and the sale deed was to be executed by 26.04.2020, however as the suit property was mortgaged with State Bank of India by the respondent no. 1, the petitioner failed to take steps to redeem the suit property.

4. Thereafter, on 13.02.2024 (Annex.P/2), learned Trial Court closed the petitioner's right to file a written statement and ex-parte proceedings were initiated against the petitioner. Subsequently, on 15.07.2024 (Annex.P/3), learned Trial Court framed the issues for consideration and thereafter an affidavit has been filed by the respondent no. 1 under Order XVIII Rule 4 of the Code of Civil Procedure, 1908 ('CPC').

5. Thus, aggrieved of the order passed by the learned Trial Court, dated 13.02.2024 (Annex.P/2), closing the petitioner's right to file the written statements, the petitioner has preferred this writ petition.

6. Learned counsel for the petitioner makes a limited submission that he may be granted one last opportunity to file written statements, while imposing a cost upon the petitioner. He also submits that in the absence of any written statements filed on behalf of the petitioner, the issues have been framed without considering the case of the petitioner, causing serious prejudice to the petitioner, and therefore, the order dated 13.02.2024 (Annex.P/2) passed by the learned Trial Court deserves to be quashed and set aside.

7. Heard and perused material on record.

8. This Court finds that the suit for specific performance and permanent and mandatory injunction was filed on 24.07.2023 (Annex.P/1), and the first appearance of the petitioner was marked by the learned Trial Court on 14.09.2023, wherein the petitioner had sought time from the learned Trial Court to file written statements. The suit was further listed on 22.11.2023, whereby the learned Trial Court had adjourned the matter and listed the same on 17.01.2024. However, on 17.01.2024, on account of leave taken by the Presiding Officer, the matter was posted on 13.02.2024, for filing written statements and the status quo was ordered to be maintained. Thus, this Court finds that even on 17.01.2024, the petitioner was afforded an opportunity to file his written statements, however, he failed to do so and thus, the learned Trial Court has rightly closed his right to file written statements.

9. Furthermore, this Court is conscious of the fact that Order VIII Rule 1 of CPC stipulates that the defendant shall file his written statement within a period of thirty days and in case the defendant fails to do so within a period of thirty days, the