Chitra Anil Mahalle v. Jayashri Ravindra Dhade
Civil Practice – Setting aside ex-parte order – Permission to file written statement
Case brief
What is this about?
Bombay High Court Nagpur Bench, Writ Petition No. 5 107 of 2024, Chitra Anil Mahalle v. Jayashri Ravindra Dhade, decision 10.11.2025, Khubalkar J. — setting aside ex-parte order, permission to file written statement, Order VIII Rule 1 CPC directory, valuable right of defendant, substantial delay compensated by costs, pedantic vs pragmatic approach, partition suit between real sisters, Regular Civil Suit No.3 of 2018, Exhibit 91, costs Rs. 25,000, Kailash v. Nanhku (2005) 4 SCC 480 relied on, Desh Raj v. Balkishan (2020) 2 SCC 708 referred by counsel.
What did the court decide?
Writ petition allowed; the trial Court's order dated 12.04.2024 on Exhibit 91 in Regular Civil Suit No.3 of 2018 quashed and set aside and the application at Exhibit 91 allowed; petitioner permitted to file her written statement within four weeks from uploading of the order, subject to payment of costs of Rupees Twenty Five Thousand to the respondent within four weeks; Rule made absolute with no order as to costs.