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NUPUR BHATI
Dalpat Singh S/o Shri Arjun Singh – Appellant
Versus
Lrs. Of Jabbar Singh, Through Its Legal Heirs As Under – Respondent
ORDER :
1. This writ petition has been filed by the petitioners/plaintiffs under Article 226 and 227 of the Constitution of India challenging the order dated 25.09.2024 passed by learned Additional Civil Judge No. 3, Jodhpur Metropolitan in Civil Suit No. 153/2022 (Dalpat Singh & Anr. v LRs of Jabbar Singh and Ors.).
2. The writ petition has been preferred with the following prayers:-
B. By an appropriate writ order or direction may kindly be issued and the order dated 25.09.2024 (Annex-9) passed in the civil Suit No.153/2022 titled as Dalpat Singh & Anr vs LRs of Jabbar Singh & ors, may kindly be quashed and set aside and the opportunity of Written statement of the Defendant No.1 may kindly be closed.
C. By an appropriate writ order or direction may kindly be issued and in the alternative the Defendant may kindly be directed to file their Written statements and raised their defence before the Trial Court and then after the Trial Court may direct to proceed further in accordance with law for disposal of the application under Order 7 Rule 11
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 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 trial court should not close the opportunity of filing the written statement while deciding the application under Order 7 Rule 11 CPC.
The time limit for filing a written statement under Order VIII Rule 1 is directory, allowing courts discretion to extend deadlines based on case circumstances.
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.
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 has discretionary power to condone the delay in filing the written statement, subject to a stricter yardstick for non-commercial suits, and the defendant should be given an opportunity to e....
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