Case Note & Summary
The petitioner, Smt. Asha Hedaoo, was the defendant in Regular Civil Suit No.122 of 2013 pending before the Seventh Joint Civil Judge Junior Division, Wardha. The suit was filed by the respondents (plaintiffs). The defendant failed to file her written statement within the prescribed time. On 10.10.2013, the trial court passed an order that no written statement had been filed. Subsequently, on 8.1.2014, the defendant filed an application (Exh.38) seeking to set aside that order and for permission to file the written statement, stating that due to intermittent ailment, she could not file it earlier. She annexed a medical certificate in support. The trial court rejected the application by order dated 15.1.2014. The defendant then filed the present writ petition challenging that order. The High Court observed that the trial court ought to have adopted a liberal approach and permitted the filing of the written statement, as the defendant had shown sufficient cause for the delay. The court noted that the respondents had not opposed the application. The High Court set aside the impugned order and permitted the defendant to file the written statement within two weeks from the date of the order, subject to payment of costs of Rs.500/- to the respondents. The writ petition was allowed accordingly.
Headnote
A) Civil Procedure - Written Statement - Permission to file late - Order 8 Rule 1, Order 8 Rule 10, Section 151 Code of Civil Procedure, 1908 - The petitioner/defendant sought permission to file written statement after the expiry of the prescribed period, citing intermittent ailment as the reason for delay. The trial court rejected the application. The High Court held that the trial court ought to have adopted a liberal approach and permitted the filing of the written statement, as the defendant had shown sufficient cause. The impugned order was set aside and the defendant was permitted to file the written statement subject to payment of costs of Rs.500/- (Paras 1-6).
Issue of Consideration
Whether the trial court was justified in rejecting the defendant's application for permission to file written statement on the ground of delay, when the defendant had pleaded illness as a sufficient cause.
Final Decision
The impugned order dated 15.1.2014 is set aside. The petitioner/defendant is permitted to file the written statement within two weeks from the date of the order, subject to payment of costs of Rs.500/- to the respondents. The writ petition is allowed. Rule made absolute accordingly.
Law Points
- Order 8 Rule 1 CPC
- Order 8 Rule 10 CPC
- Section 151 CPC
- Liberal approach in permitting late filing of written statement
- Sufficient cause for delay
- Ailment as sufficient cause
