Ramakant Sah @ Ramakant Gupta Vs Sudhir Kumar Srivastava — Patna HC (2025) — LawSathi Research

Ramakant Sah @ Ramakant Gupta Vs Sudhir Kumar Srivastava — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Opportunity (chance) to file written statement along with a petition under Section 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, subject to payment of cost of Rs. 5,000/- to the respondent/plaintiff; the cost to be deposited within one month from the date of receipt/production of the order.

Issue for consideration

Whether the petitioner/defendant, earlier debarred from filing his written statement in Eviction Suit No. 18 of 2022, should be given an opportunity to file the written statement (along with a petition under Section 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act) so that the suit can be decided on merits.

Court's answer

For proper and complete adjudication of the case, the petitioner/defendant is to be given a chance/opportunity to file his written statement along with a petition under Section 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, subject to payment of cost.

Ratio / Principle

The defendant/petitioner is handicapped, as shown by Annexure-P/1 annexed by him certifying 45% disability by the doctor.

Key takeaways

As stated by this Court, it is well settled law that a case should be decided on merit after considering the rival pleadings and arguments of both the parties; the Court relies on this principle in directing that the defendant be given the opportunity to file his written statement.ratio¶17

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), C.Misc. No. 1071 of 2023, disposed of on 14-11-2025: Petitioner-defendant Ramakant Sah @ Ramakant Gupta sought quashing of the order dated 08.09.2023 of the Ld. Additional Civil Judge (Senior Division) - XI, Siwan in Eviction Suit No. 18 of 2022, dismissing his application dated 03.06.2023 for recall of the order dated 19.05.2023 by which he was debarred from filing his written statement. Noting that the defendant is handicapped (Annexure-P/1 showing 45% disability) and that, as well-settled law, a case should be decided on merit after considering rival pleadings and arguments, the Court held that for proper and complete adjudication a chance/opportunity was required to be given for filing the written statement along with a petition under Section 14(4) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, subject to payment of cost of Rs. 5,000/- (five thousand) to the respondent/plaintiff, depositable within one month from receipt/production of the order; the Civil Miscellaneous application accordingly stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1071 of 2023

======================================================

Ramakant Sah @ Ramakant Gupta son of Late Shivanath Sah, Resident of Mairwa Dham, Mairwa Guthni Road, P.S. Mairwa, District-Siwan, Bihar.

... ... Petitioner/s

Versus

Sudhir Kumar Srivastava, son of Late Bharat Prasad Srivastava, Resident of Village-Sitalpura, P.O. Langerpura, P.S. Mairwa, District-Siwan, Bihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kumar For the Respondent/s : Mr.Sunil Kumar Srivastava ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

4 14-11-2025

Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing on behalf of respondent.

The present Civil Miscellaneous application has been filed for quashing and setting aside the order dated 08.09.2023 passed by Ld. Additional Civil Judge (Senior Division) – XI, Siwan in Eviction Suit No. 18 of 2022 whereby and whereunder the Ld. Court was pleased to dismiss the application dated 03.06.2023 for recall of the order dated 19.05.2023.

Learned counsel for the petitioner submits that respondent is a differently abled person and he appeared in Eviction Suit No. 18 of 2022 on 24.02.2023. On his request,

Patna High Court C.Misc. No.1071 of 2023(4) dt.14-11-2025 2/3

the case was adjourned for filing his written statement on 24.03.2023 and on subsequent date i.e. 19.05.2023, he was debarred from filing written statement by the impugned order dated 08.09.2023 passed by the Trial Court.

Learned counsel for the respondent submits that sufficient time was granted by the Court to the petitioner/defendant but he could not avail the same and failed to file his written statement. Due to this, the Trial Court proceeded and evidence of plaintiff has been exhausted. Learned counsel further submits that Section 14(4) of Bihar Buildings (Lease, Rent and Eviction) Control Act has not been complied with by the petitioner/defendant.

It is well settled law that the case should be decided on merit after considering the rival pleadings and arguments of both the parties in any case. Defendant/petitioner is handicap and for this he has annexed Annexure-P/1 showing 45% disability by the doctor.

Therefore, for proper and complete adjudication of this case, a chance/opportunity is required to be given for filing written statement alongwith a petition under Section 14(4) of Bihar Buildings (Lease, Rent and Eviction) Control Act subject to payment of cost of Rs. 5,000/- (five thousand)

Patna High Court C.Misc. No.1071 of 2023(4) dt.14-11-2025 3/3

by the petitioner/defendant to the respondent/plaintiff. The above cost shall be deposited in the account of petitioner/defendant within a period of one month from the date of receipt/production of this order.

Accordingly, the instant Civil Miscellaneous application stands disposed of.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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