IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT st ON THE 31 OF OCTOBER, 2025 MISC. PETITION No. 6027 of 2025 PREMIER PVC INDUSTRY AND OTHERS Versus M/S BETUL OIL LIMITED Appearance:

Shri Aryan Gupta, through V.C along with Ms. Mahika Tiwari -

Advocates for the petitioner.

ORDER The petition has been filed by the petitioner being aggrieved with the Order dated 3.9.2025 passed by III Additional Judge to I Civil Judge Senior Division, Betul in Case No.RCSB/6/2025, whereby the right of the petitioner/defendant to submit written statements has been closed.

2. It has been submitted by learned Counsel for the petitioner that the petitioner was served with the copy of the plaint and documents on 16.6.2025 and as the period for filing the written statement is of 90 days, which is directory in nature, the court below without taking into account the fact that period for filing written statements did not get over, has closed the right of the petitioner/defendant. It is submitted that if the petitioner is given one opportunity, the petitioner will submit the written statement, as the written statement was prepared on the next date of hearing i.e. on 25.9.2025, however, the same has not been taken on record as well as there is no Signature Not Verified mention in the Order-sheet that the written statement was proposed to be submitted by the petitioner before the Court.

3. Considering the submissions of the learned Counsel for the petitioner as regard giving one chance to the petitioner to file written statement, this Court is of the considered opinion that no prejudice would be caused to the respondent/plaintiff if such written statement is taken on record, which is justified for fair adjudication of the matter. The Hon'ble Apex court in the case of Sugandhi (Dead) thr. LRs v. P.Rajkumar (2020) 10 SCC 706 has held as under :-

“9. It is often said that procedure is the handmaid of justice. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. If the procedural violation does not seriously cause prejudice to the adversary party, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. We should not forget the fact that litigation is nothing but a journey towards truth which is the foundation of justice and the court is required to take appropriate steps to thrash out the underlying truth in every dispute. Therefore, the court should take a lenient view when an application is made for production of the documents under sub-rule (3).”

5. Considering the totality of facts and the prayer of the learned Counsel for the petitioner/defendant that on the next date the petitioner would submit the written statement, this petition is disposed of with the direction that if the petitioner/defendant submits written statements within 10 days from today, the court below is directed to take such written statement on record subject to payment of cost of Rs.3,000/- to be paid to the other side. If such written statement is not filed within 10 days from today, the Signature Not Verified order passed by the court below shall be maintained.

6. With aforesaid observations, the petition stands disposed of.

(DEEPAK KHOT)

JUDGE nd Signature Not Verified