Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Satyanarayana Sahu – Appellant
Versus
Khirod Kumar Sahu – Respondent
| Table of Content |
|---|
| 1. case filed for partition of properties (Para 1 , 2) |
| 2. court's reasoning on procedural adherence and justice (Para 3 , 6 , 7 , 8 , 9 , 10) |
| 3. dispute over compliance with legal procedures (Para 4 , 5) |
| 4. impugned order unsustainable in law (Para 11) |
| 5. court's directive to accept written statement and allow rectification (Para 12) |
JUDGMENT :
Sashikanta Mishra,J.
The Petitioners are defendants and Opp.Party No.1 is the Plaintiff in C.S. No.86/2022 pending in the Court of learned Civil Judge (Sr. Division), Titlagarh. Opp. Party Nos.2 to 20 are the proforma defendants in the said suit. In the present application, the Petitioner-defendants call in question the correctness of order dtd.7.3.2024 passed by the court below whereby, their application for acceptance of written statement filed belatedly was rejected.
2. Bereft of unnecessary details, the facts of the case are that the aforementioned suit has been filed for partition of the suit properties. Upon receipt of summons, the contesting defendants entered appearance but did not file written statement within the stipulated period. It is stated that the Petitioners are residents of Cuttack and are of advanced stage. As such
Procedural rules should facilitate justice, not impede it; errors in representation are rectifiable, and courts must ensure fair opportunities for parties to present their cases.
The court allowed the defendants to file their written statement due to procedural irregularities and lack of awareness of non-filing.
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 provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
The curable nature of procedural defects and the directory nature of procedural provisions under the CPC and the Commercial Courts Act, 2015.
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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
