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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Justice Nupur Bhati, J
Nagar Parishad Hanumangarh - Appellant
Versus
Devendra Kumar - Respondent
CW / 18923 / 2018
Decided On : 17-03-2025
(A) Civil Procedure Code, 1908 - Order 8 Rule 1 - Writ petition challenging the order of the Civil Judge closing the opportunity to file written statement - Petitioner was given multiple opportunities but failed to file - Court granted one last opportunity upon payment of costs. (Paras 1-5)
(B) Principles of Justice - The court emphasized the importance of allowing parties to present their cases on merits while imposing costs for delays. (Paras 2, 4)
Facts of the case:
The petitioner sought to quash an order closing the opportunity to file a written statement in a civil suit, claiming that he was not represented and needed one last chance to submit his defense.
Findings of Court:
The court found the closure of opportunity justified but granted a final chance to file the written statement upon payment of costs.
Issues: The main issue was whether the petitioner should be allowed to file a written statement after multiple previous opportunities had been given.
Ratio Decidendi: The court held that while the prior order was justified due to repeated failures, justice demands allowing one final opportunity to present the case on merits, conditional upon the payment of costs.
Result: Petition disposed of with directions.
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 behalf of the respondents. The Co-ordinate Bench of this Court vide order dated 13.08.2019 had stayed the further proceedings of the suit.
4. On a bare reading of the impugned order, this Court finds that the order is well justified as the petitioner/defendant was given several opportunities for filing his written statements but has not done so. However, in the interest of justice and for getting the matter decided on merits, this Court imposes a cost of Rs.10,000/- which shall be paid by the petitioner to the private respondent before the next date and subject to such payment, the learned court below shall given one last opportunity to the petitioner/defendant to file his written statements on the next date.
5. Thus, the present petition is disposed of with aforesaid direction. The impugned order dated 24.07.2018 (Annexure-2) shall not come in between such implementation.
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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