Case Note & Summary
The petitioner, Tapi Prestressed Product Ltd., filed a writ petition challenging the order dated 18.12.2017 passed by the trial court in a civil suit. The trial court had allowed the respondent, Municipal Corporation Jalgaon, to file its written statement by imposing costs of Rs.5,000, despite the fact that the court had earlier passed a 'no written statement' order and the matter had reached the stage of final arguments. The petitioner contended that the trial court committed a gross error in recalling its earlier order, misinterpreted Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), and failed to consider the lack of due diligence on the part of the respondent. The petitioner also argued that the application for recalling the order was not maintainable and the delay was deliberate. The respondent supported the impugned order, submitting that the Corporation had failed to file written statements in several suits due to administrative reasons, and the delay was not intentional. The High Court, after hearing both sides, held that the trial court had exercised its discretion properly by imposing costs to compensate the petitioner. The court noted that the power to recall a 'no written statement' order is inherent and can be exercised if the delay is explained and the opposite party can be compensated by costs. The court found that the reasons for delay were not deliberate and the costs of Rs.5,000 were adequate. Accordingly, the High Court dismissed the writ petition, upholding the trial court's order.
Headnote
A) Civil Procedure - Recall of No Written Statement Order - Order VIII Rule 1 CPC - The trial court allowed the defendant to file written statement by imposing costs of Rs.5,000, despite the stage of final arguments. The High Court upheld the order, holding that the power to recall such order is inherent and can be exercised on reasonable grounds, especially when the delay is not deliberate and the opposite party can be compensated by costs. (Paras 4-10) B) Civil Procedure - Imposition of Costs - Order VIII Rule 1 CPC - The court imposed costs of Rs.5,000 on the defendant for the delay in filing written statement, which was considered sufficient to compensate the plaintiff for the inconvenience caused. (Para 10)
Issue of Consideration
Whether the trial court was justified in recalling its 'no written statement' order and permitting the defendant to file written statement after the stage of final arguments had reached.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order dated 18.12.2017 allowing the respondent to file written statement on payment of costs of Rs.5,000.
Law Points
- Order VIII Rule 1 CPC
- Recall of no written statement order
- Imposition of costs
- Due diligence
