This revision application challenged the acceptance of a belated written statement in a title suit. The court held the delay was not extraordinary and dismissed the revision, directing the defendant to pay costs.
The revisional application was dismissed; the defendant was directed to pay costs of Rs. 2,000 to the plaintiff.
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6 07-03-2022 AKG Ct.21
C.O. 180 of 2020 Sri Profulla Kumar Ghosh Versus Sri Joydip Das
Mr. Bhagbat Chaudhuri, Mr. K. Sahoo …for the Petitioner Mr. Nilanjan Bhattacharjee, Mr. Sanjoy Karar …for the Opposite Party
Learned advocate appears for the petitioner and learned advocate appears for the opposite party. The petitioner files affidavit service along with postal receipts and track reports showing due service.
The revisional application is taken up for hearing. Heard learned advocate for both sides.
Being aggrieved by the order of acceptance of written statement filed by the defendant/opposite party beyond the statutory period of 120 days by the learned Civil Judge (Junior Division), 4th Court, Howrah in Title Suit No. 1331 of 2018 on 17/08/2019 has preferred this revisional application.
It appears that the plaintiff/appellant has filed the suit on 12th October, 2018. The defendant has put his appearance on 28/11/2018 and has filed the written statement on 17th August, 2019 that is nine months after the appearance.
It is true that the defendant has failed to file written statement within the statutory period of 120
2
days, but I do not find that the delay to be extraordinary or exceptional. Therefore, I do not find any reason to set aside the impugned order. In fact, the learned Court below vide impugned order wants to dispose of the case in merit.
Thus, I do not find any merit in this revisional application.
The defendant is directed to pay cost of Rs. 2000/to the plaintiff for fling written statement at belated stage.
Accordingly, C.O. 180 of 2020 is dismissed.
(Kesang Doma Bhutia, J.)
1 issue framed by the court
Whether the revisional application should succeed when the delay in filing the written statement was not extraordinary or exceptional.
Sri Profulla Kumar Ghosh
Sri Joydip Das
Kesang Doma Bhutia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
