IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 7 OF JANUARY, 2026

MISC. PETITION No. 7527 of 2025

DHARMENDRA RAIKWAR

Versus

SANT KUMAR CHOUKSEY AND OTHERS

Appearance:

Shri Ashok Kumar Singh - Advocate for the petitioners.

ORDER the stage of filing written statements by the defendants. It is submitted by learned counsel for the petitioner that the case is at a preliminary stage, however, the court below has taken a hyper technical view and closed the right with the observation that counsel for the petitioner /defendant has already entered appearance on 8.8.2023 but has neither filed the written statement nor sought any extension from the court to file written statement, hence the right has been closed. It is submitted that the petitioner may be given an opportunity to submit written statement within a stipulated time and prayed for quashment of the impugned order.

By way of present petition, challenge is made to order dated

09.09.2025 passed by the trial Court thereby closing the right of the petitioner/defendant No. 1 to file written statement on the ground he appeared through his counsel on 08.08.2023 but despite that no written

statement had be