Ramakant Sah @ Ramakant Gupta v. Sudhir Kumar Srivastava,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1071 of 2023 ====================================================== Ramakant Sah @ Ramakant Gupta son of Late Shivanath Sah, Resident of Mairwa Dham, Mairwa Guthni Road, P.S. Mairwa, District-Siwan, Bihar. ... ... Petitioner/s
Versus
Sudhir Kumar Srivastava, son of Late Bharat Prasad Srivastava, Resident of Village-Sitalpura, P.O. Langerpura, P.S. Mairwa, District-Siwan, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the Respondent/s :
Mr.Sunil Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 14-11-2025 Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of respondent.
2. The present Civil Miscellaneous application has been filed for quashing and setting aside the order dated 08.09.2023 passed by Ld. Additional Civil Judge (Senior Division) - XI, Siwan in Eviction Suit No. 18 of 2022 whereby and whereunder the Ld. Court was pleased to dismiss the application dated 03.06.2023 for recall of the order dated 19.05.2023.
3. Learned counsel for the petitioner submits that respondent is a differently abled person and he appeared in Eviction Suit No. 18 of 2022 on 24.02.2023. On his request,
Patna High Court C.Misc. No.1071 of 2023(4) dt.14-11-2025 2/3 the case was adjourned for filing his written statement on 24.03.2023 and on subsequent date i.e. 19.05.2023, he was debarred from filing written statement by the impugned order dated 08.09.2023 passed by the Trial Court.
4. Learned counsel for the respondent submits that sufficient time was granted by the Court to the petitioner/defendant but he could not avail the same and failed to file his written statement. Due to this, the Trial Court proceeded and evidence of plaintiff has been exhausted. Learned counsel further submits that Section 14(4) of Bihar Buildings (Lease, Rent and Eviction) Control Act has not been complied with by the petitioner/defendant.
5. It is well settled law that the case should be decided on merit after considering the rival pleadings and arguments of both the parties in any case. Defendant/petitioner is handicap and for this he has annexed Annexure-P/1 showing 45% disability by the doctor.
6. Therefore, for proper and complete adjudication of this case, a chance/opportunity is required to be given for filing written statement alongwith a petition under Section 14(4) of Bihar Buildings (Lease, Rent and Eviction) Control Act subject to payment of cost of Rs. 5,000/- (five thousand)
Patna High Court C.Misc. No.1071 of 2023(4) dt.14-11-2025 3/3 by the petitioner/defendant to the respondent/plaintiff. The above cost shall be deposited in the account of petitioner/defendant within a period of one month from the date of receipt/production of this order.
7. Accordingly, the instant Civil Miscellaneous application stands disposed of.
(S. B. Pd. Singh, J) Ankit Kumar/- U