Smt. Shakuntalabai Wd/O Shaligram Chaurasia And Anohter v. Smt. Tarabai W/O Rameshwar Sharma

11-WP-1445-14 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1445 OF 2014 Shakuntalabai Shaligram Chourasia -vsRarabai Rameshwar Sharma ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. G. Bangde, Advocate for petitioner.

Shri Hitesh Katekar, Advocate for respondent. CORAM : A.S.CHANDURKAR, J.

DATE : JUNE 19, 2015 By the present writ petition, the original plaintiff has challenged the order dated 16/12/2013 passed below Exhibit-14 whereby the Trial Court has permitted the defendant to file the written statement.

The learned counsel for the petitioners submitted that no proper explanation was given and steps taken by the said defendants were not in accordance with the provisions of the Order-8 Rule-1 of Code of Civil Procedure.

Learned counsel for the respondent supported the impugned order and submitted that within a short period after the death of his father, the written statement came to be filed. Considering the reasons assigned by the Trial Court while accepting the written statement, it cannot be said that there is any jurisdictional error. Writ Petition is thus dismissed with no order as to costs.

JUDGE Asmita