Ct. 19.05 C.O. 3901 of 2024 No.

29 2025 Ajoy Ghosh Vs. 235 Smt.Chandra Ghar & Ors.

akb Mr. Amitava Pyne Mr. Arabinda Bhattacharjee Ms. Sujata Saxena …For the Petitioner Mr. Akash Dutta …For the Opposite Parties The application has been preferred by the petitioner/defendant against order dated 15.9.2024 passed by the learned Civil Judge (Senior Division), Burdwan in Title Suit No. 460 of 2022.

The petitioner’s contention is that the instant suit is a suit for partition and recovery of possession where the petitioner as defendant No. 3 made a prayer before the Court for acceptance of the written statement filed by him. However, learned Court below by the impugned order refused to accept the written statement on the gound that the delay in filing the written statement has not been properly explained and as such the written statement, which has been filed by the defendant No. 3, beyond the statutory period, cannot be accepted.

Being aggrieved by that judgment Mr. Pain, learned Counsel appearing on behalf of the petitioner submits that the time prescribed in the statute is not mandatory but it is directory. Moreover, he has assigned reason for causing delay in filing the written statement,