Smt. Koushilya Devi v. Baldev Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.185 of 2016 • Smt. Koushilya Devi W/o Jhallu Ram Soni, Aged About 70 Years R/o P.C. No. 14, Indravati Nagar, Bajrangpara, Kohka, P.S. Supela, Bhilai, District Durg, (Chhattisgarh)................(Defendent No.1) ---- Petitioner

Versus

1. Baldev Singh S/o Bela Singh, Aged About 55 Years R/o Plot118, Street-13, Smriti Nagar, P.S. Supela, Tahsil And District Durg, (Chhattisgarh).................(Plaintiff)

2. Commissioner, Municipal Corporation, Bhilai, G.E. Road, Ward No.5, P.S. Supela, Tahsil And District Durg, (Chhattisgarh)....................(Defendent No.2)

3. State Of Chhattisgarh, Through: The Collector, Durg, (Chhattisgarh).....................(Defendent No.3) ---- Respondents Shri Raghavendra Pradhan, counsel for the petitioner. Shri HB Agrawal, Sr. Advocate with Shri Pankaj Agrawal, counsel for respondent No.2.

Shri SC Khakharia, Dy. Advocate General for the State/respondent No.3.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17.3.2016.

Heard.

2.

Issue notice to the respondents.

3.

Notices have been accepted on behalf of respondents 2 & 3. 4.

Respondent No.1 not noticed.

5.

At the outset, it is submitted on behalf of the petitioner that purely on the ground of mercy, though the defendant No.1 had not filed the written statement within its limitation as required under Order 8 Rule 1 of the Code of Civil Procedure, 1908 (for short 'the Code'), as the written statement is ready and the matter is listed for

fixing the programme for recording of evidence, the petitioner/defendant No.1 may be permitted to file written statement as the petitioner committed bonefide mistake that probably the Court below closed the date after hearing of interim application for filing of the written statement.

6.

Heard for the above submission.

7.

On due consideration, looking to the impugned order dated 25.02.2016 wherein the closure of opportunity for filing written statement is hand written and other contents of the order sheet dated 25.02.2016 is typed and also after consideration of the prayer made in this behalf and the bonafide committed by the above petitioner/ defendant No.1, this Court is of the view that in the instant matter respondent No.1/plaintiff is not required to be noticed and the matter may be disposed of on the basis of the prayer made by the petitioner.

8.

Consequently, the instant petition is disposed of. Petitioner/ defendant No.1 is directed to file written statement positively on or before 21.4.2016. The trial Court is directed to take the written statement on record and thereafter to proceed for further trial of the matter in accordance with law. The petitioner may also file a copy of the order before the trial Court for compliance. Registrar (Judicial) is also directed to send a copy of the order through usual and fax mode for compliance immediately.

9.

Petition disposed of. No order as to cost.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini