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SUBHASH VIDYARTHI
Pawan Kumar Srivastava – Appellant
Versus
Shaily Srivastava – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Shri Nilish Anand, the learned counsel for the petitioner.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner is seeking following main reliefs:-
ii. a direction to the Vth Additional Principal Judge Family Court, Lucknow to proceed with the Regular Suit No. 2300 of 2016 Pawan Kumar Srivastava Versus Shaily Srivastava in accordance with the provisions of Order VIII Rule 10 C.P.C.;”
3. The petitioner has impleaded the learned Additional Principal Judge V, Family Court, Lucknow as an opposite party to the petition, whereas as per law laid down by the Hon’ble Supreme Court in Savitri Devi Vs. District Judge, Gorakhpur; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1, the Civil Courts ought not to be impleaded as opposite parties to the
The acceptance of a delayed written statement is justified to prevent a failure of justice, emphasizing the discretionary nature of the High Court's supervisory powers under Article 227.
The provisions for filing written statements are directory, allowing for late submissions if satisfactory reasons for delay are provided.
The interpretation of procedural rules regarding the filing of written statements and the discretion of the court to permit filing beyond the stipulated period based on sufficient cause.
The judgment emphasized the mandatory nature of the 120-day limitation for filing a written statement and the lack of discretion for condonation of delay, as supported by relevant legal provisions an....
The court emphasized the need for granting procedural justice by allowing petitioners to seek condonation of delay in filing their written statement despite initial rejection.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
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