Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Kamal Kishore Soni S/o Sh. Chand Kanwar/lal Chand Ji – Appellant
Versus
LR of Smt. Indira Devi W/o Sh. Daulat Ram Ji – Respondent
Order :
ARUN MONGA, J.
1. The petitioner (defendant no.2/1 in the pending suit) seeks quashing of an order dated 14.09.2023 (Annex.6) passed by the learned Additional District Judge No. 5, Jodhpur Metropolitan, in Civil Original Suit No. 73/2018, whereby the Trial Court rejected the petitioner's application under Section 151 of the CPC seeking to take on record the written statement filed by him.
2. Pending Civil Original Suit No.73/2018 is by now deceased - Smt. Indira Devi her LR’s, seeking a decree of partition and permanent injunction. Defendant No.1 filed a written statement denying the plaintiffs’ claims, asserting that the suit property had already been partitioned.
2.1. Smt. Chand Kanwar, sister of deceased-plaintiff Indira Devi (mother of the petitioner – defendant No.2/1) passed away on 03.06.2003, i.e., prior to the filing of the suit in the year 2018. Accordingly, the petitioner, being her legal representative (LR), was impleaded as defendant No.2/1 in the civil suit, along with his sister, Smt. Rekha, as defendant No.2/2.
2.2. Indira Devi (sister of predeceased Smt. Chand Kanwar) allegedly executed a Will on 04.01.2021.
2.3. The plaintiffs’ (respondents herein) evidence wa
Procedural rules should not obstruct the pursuit of justice; parties must be allowed to present defenses unless substantial prejudice would result.
The judgment clarifies the inherent powers of the court under Section 151 CPC concerning the acceptance of belated written statements, emphasizing that procedural timelines are directory, not mandato....
Unjustified delay in filing written statement can lead to dismissal of the petition.
The main legal point established is that the provision under Order 8 Rule 1 CPC is directory and not mandatory, and the court has the discretion to grant an extension for filing a written statement i....
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....
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....
Delay in filing a written statement due to late record receipt justified acceptance in interest of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
