HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CR No. 68/2019

CM No. 8940/2019

Tirath Ram

…..Appellant(s)/Petitioner(s)

Through: Mr. Divya Ojesvi, Advocate

Vs

Banarshi Dass and another

.…. Respondent(s)

Through: Mr. Raghu Mehta, Advocate

Coram: HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

ORDER

04.10.2021

(OPEN COURT)

01.

This is a petition filed under Article 227 of the Constitution of India,

challenging the order dated 03.10.2019, whereby the trial Court has closed the

right of the petitioner to file written statement in the Suit, in which the petitioner

is a defendant No. 1. The ground on which the right has been closed is that

despite expiry of the maximum period of 90 days from the date of service of

summons, the written statement has not been filed.

02.

Learned counsel for the petitioner has tried to justify the delay during

arguments in the open Court. However, in my opinion, the reasons justifying the

delay ought to have been placed before the trial Court. That right to file an

application seeking permission of the Court to file the written statement still

exists with the petitioner in view of the A