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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Justice Nupur Bhati, J
Nagar Parishad Hanumangarh – Appellant
Versus
Devendra Kumar – Respondent
Order :
1. The petitioner has preferred the instant writ petition with the following prayers:-
“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and
1. By an appropriate writ order or direction, the order dated 24.07.2018 (Annexure-2) passed by the Civil Judge, Hanumangarh in Civil Suit No.27/2018 titled as Devendra & Ors. Vs. Nagar Parishad, Hanumangarh may kindly be declared illegal and quashed and set aside
2. By an appropriate writ order or direction, the written statement filed by the petitioner-defendant may kindly be ordered to be taken on record.”
2. Learned counsel for the petitioner submits that despite service, nobody has put in appearance on behalf of the respondents. He further submits that the petitioner was given four opportunities to file written statement but the petitioner could not file however, the trial court vide order dated 24.07.2018 closed the opportunity to file written statement. Learned counsel for the petitioner states that one last opportunity in the interest of justice may be given to the petitioner to file his written statements upon paying the cost.
3. Despite service, nobody has put in appearance on beha
The court may allow a party one last opportunity to file a written statement if justified by the interests of justice, despite previous failures, subject to costs.
The court balanced procedural law with substantial justice and granted a public body one more opportunity to defend the suit with a financial burden imposed.
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 emphasized the importance of justice by allowing the defendant one more opportunity to file a written statement, subject to cost payment.
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 may exercise discretion to condone the delay in filing the written statement and grant one more opportunity if it deems it appropriate for just and proper adjudication of the case.
Procedural law is directory in nature, and the court must protect the substantial rights of the defendant.
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....
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