Disposed

Shyam Lal and Another v. Kali Dass and Others

Himachal Pradesh HC13 Sept 2024CMPMO/454/2024

Case brief

AI extract

What is this about?

The High Court set aside an order striking off the petitioners' right to file a written statement after they failed to utilize four prior opportunities. The Court granted one final opportunity to file the statement subject to a penalty of Rs. 5000.

What did the court decide?

Permission granted to file written statement on next date of listing subject to payment of Rs. 5000 as costs.

Shyam Lal and Another Vs Kali Dass… — Civil Procedure and Limitation | Himachal Pradesh HC (2024)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

¶2

CMPMO No.454 of 2024

¶3

Decided on: 13^th September, 2024

¶4

_________________________________________________________________ Shyam Lal & Anr. ....Petitioners Versus Kali Dass & Ors. …Respondent ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua lWhether approved for reporting? ____________________________________________________________ For the petitioner: Ms. Rajni Gandhi, Advocate, vice Mr. Mukesh Sharma, Advocate. For the respondents: Mr. Ajay Kumar, Sr. Advocate with Mr. Rohit, Advocate, for the respondents.

¶5

Jyotsna Rewal Dua, Judge

¶6

Petitioners are the defendants before the learned Trial Court. Their grievance is to the order dated 30.10.2023, whereby, their right to file written statement was struck off. 2. Heard learned counsel on both sides and considered the case file.

¶7

3. A perusal of the case record shows that the

¶8

l Whether reporters of Local Papers may be allowed to see the judgment? yes

¶9

¶10

petitioners had taken four opportunities i.e. on 15.03.2023, 19.06.2023, 17.07.2023 and 21.08.2023 for filing the written statement. However, the opportunities were not availed and for that reason, learned Trial Court vide order dated 30.10.2023 closed the right of the defendants to file their written statement.

¶11

Learned counsel for the petitioners submits that due to communication gap between the petitioners and the counsel representing them before the learned Trial Court, the written statement could not be filed in time.

¶12

4. Above is a lame excuse put forward for not filing the written statement within the time allotted to them by the learned Trial Court. Even though the order passed by the learned Trial Court cannot be said to be suffering from any error. Yet, in the interest of justice, equity and good conscience, it is deemed appropriate to grant one opportunity to the petitioners to file their written statement. Ordered accordingly.

¶13

5. The petitioners are permitted to file their written statement before the learned Trial Court on the next date of listing. This, however, shall be subject to costs of Rs.5000/,

¶14

¶15

which shall be paid by the petitioners to respondent No.1 (plaintiff before the learned Trial Court) on the next date of listing. It made clear that no further opportunity shall be granted by the learned Trial Court to the petitioners for this purpose. In case, the written statement is not filed and cost is not paid to respondent No.1 on the next date, the learned Trial Court shall proceed further in the matter in accordance with law. The parties through their learned Counsel are directed to appear before the learned Trial Court on 14.10.2024.

¶16

The petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

¶17

Jyotsna Rewal Dua Judge

¶18

September 13, 2024 R.Atal

Shyam Lal and Another v. Kali Dass and Others

Case brief

What is this about?

What did the court decide?

Shyam Lal and Another v. Kali Dass and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mala Devi Vs Hitesh Kumar

Rustam Singh Vs C. Paulrasu and Anr.

Sanjeevna Kumari Vs the Collector Sub Division Gagrhet and Others

Kundan Singh Vs State of Hp and Others

Amin Chand and Others Vs Kewal Kishore Kalra and Another

Shri Nag Devta Vs Sjpnl and Another