Plaintiffs challenged the trial court's order accepting the defendants' belated written statement with Rs. 500 costs. The High Court found the delay short, the defendants State authorities, and the discretion neither arbitrary nor capricious, and declined to interfere.
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24 sandip Ct. 19 11.09.2024
In The High Court At Calcutta Civil Revisional Jurisdiction C.O. No. 3201 of 2024
Shibaprasad Patra & Ors. Vs.
The State of West Bengal & Ors.
Mr. Sujit Kumar Rath … For the petitioners.
The plaintiffs in a suit for declaration and injunction are the petitioners of the instant application under Article 227 of the Constitution of India, which is directed against the Order No. 15 dated July 05, 2024 passed by the learned Civil Judge, (Junior Division) at Paschim Medinipur, in the said suit being Title Suit No. 122 of 2022.
The learned Trial Judge by the order impugned has accepted the belatedly filed written statement by the defendants subject to payment of costs of Rs. 500/-.
Learned advocate for the petitioners submits that the witness action in the suit has started, at this stage the learned Trial Judge should not have allowed the defendants to file written statement.
The length of delay in filing the written statement is not too long, besides the defendants are the State authorities, under such circumstances the learned Trial Judge in exercise of his discretion, has accepted the said belatedly filed written statement.
The discretion so exercised does not appear to be arbitrary and/or capricious, as such this Court is not inclined to interfere with the order impugned.
C.O. 3201 of 2024 is disposed of with the above observations without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)
1 issue framed by the court
Whether the trial court could exercise its discretion to accept a belatedly filed written statement subject to costs after witness action had commenced.
1 provisions across 1 enactments
Shibaprasad Patra & Ors.
The State of West Bengal
Ors.
Biswajit Basu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
