Allowed¶28

Vijay Singh v. Girija Devi

Patna HC11 Dec 2025C.Misc./1209/2019

Case brief

AI extract

What is this about?

Written statement taken on record despite debarment order; delay attributable to belated receipt of Lower Court Records (20.11.2017); interest of justice and complete adjudication; cost of Rs. 2,000/- to Opposite Party; Title Partition Suit No. 134 of 1979; ex-parte decree dated 13.05.1982; First Appeal No. 425 of 1991; Misc. Appeal No. 112 of 1991; First Appeal No. 644 of 2000 (final decree) allowed by order dated 09.08.2017; Misc. Case No. 69 of 1988; recall petition dated 06.03.2018; Sub Judge I, Patna; Patna High Court C.Misc. No. 1209 of 2019; decided 11-12-2025; S. B. Pd. Singh, J.

What did the court decide?

Civil Miscellaneous Application allowed: the written statement filed by the petitioner (defendant Nos. 10 and 10(a)) in Title Suit No. 134 of 1979 is permitted to be taken on record, subject to payment of a cost of Rs. 2,000/- to the Opposite Party.

Vijay Singh Vs Girija Devi — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the written statement filed by the petitioner (defendant Nos. 10 and 10(a)) on 20.02.2018, the very date of the order debarring the defendants from filing it, should be taken on record in the interest of justice and for proper adjudication of Title Suit No. 134 of 1979.

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Court's answer

For the proper and complete adjudication of the suit, the written statement must be brought on record; although the Lower Court records were received after considerable delay and there was some lapse on the part of the defendant, in the interest of justice the written statement requires to be taken on record.

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Ratio / Principle

The written statement is permitted to be taken on record subject to imposition of a cost of Rs. 2,000/- (Rupees Two Thousand), payable to the Opposite Party.

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Detailed headnote1 paragraphs

Patna High Court, C.Misc. No. 1209 of 2019 (S. B. Pd. Singh, J., 11-12-2025): Application for quashing orders dated 20.02.2018 and 15.04.2019 of the learned Sub Judge I, Patna in T.S. No. 134/79, whereby the defendants were debarred from filing the written statement and the recall petition dated 06.03.2018 was rejected. The Lower Court records of Title Suit No. 134 of 1979 (in Misc. Case No. 69 of 1988) were received by the Trial Court only on 20.11.2017, and the written statement was filed on 20.02.2018, the very date of the debarment order, by the petitioner (defendant Nos. 10 and 10(a)). Held: for proper and complete adjudication of the suit the written statement must be brought on record; though the Lower Court records were received after considerable delay and there was some lapse on the part of the defendant, in the interest of justice the written statement was permitted to be taken on record on payment of Rs. 2,000/- as cost to the Opposite Party. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1209 of 2019

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

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Vijay Singh S/o Late Dhanudhari Singh Resident of Mohalla Rastriyaganj,P.S. Phulwarisharif,Dist.Patna

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... ... Petitioner/s

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Versus

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Girija Devi W/o Late Mahanand Singh Resident of Mohalla Raja Bazar, Salempur/Salempur Dumra, P.S. Shastri Nagar,,Dist.Patna.

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Pappu Kumar S/o Late Mahanand Singh Resident of Mohalla Raja Bazar, Salempur/Salempur Dumra, P.S. Shastri Nagar,,Dist.Patna.

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Kusum Kumari D/o Late Mahanand Singh Resident of Mohalla Raja Bazar, Salempur/Salempur Dumra, P.S. Shastri Nagar,,Dist.Patna.

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Puja Kumar D/o Late Mahanand Singh Resident of Mohalla Raja Bazar, Salempur/Salempur Dumra, P.S. Shastri Nagar,,Dist.Patna.

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Bhuneshwar Singh S/o Late Khirodher Mahto Resident of Mohalla Raja Bazar, Salempur Dumra, P.S. Shastri Nagar,,Dist.Patna.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr.Dhaneshwar Prasad Gupta For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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2 11-12-2025 The present Civil Misc. Application is filed for quashing the order dated 20.02.2018 and 15.04.2019, passed by learned Sub Judge I, Patna in T.S. No. 134/79 (Girja Devi Vs. Satabi Devi and others) whereby and whereunder the learned Court below has debarred the petitioners from filling the written statement and also reject the petition dated 06.03.2018 for recalling the order dated 20.02.2018 passed by learned sub Judge I, Patna in T.S. No. 134 of 1979.

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Patna High Court C.Misc. No.1209 of 2019(2) dt.11-12-2025 2/4

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Learned counsel for the petitioner submits that there was no deliberate delay on the part of the petitioner; rather, the Lower Court records were received at a belated stage. Consequently, it was not practically possible for him to file the written statement within time.

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On perusal of the case record, it appears that against the ex-parte decree passed on 13.05.1982 in Title Partition Suit No. 134 of 1979, First Appeal No. 425 of 1991 and Miscellaneous Appeal No. 112 of 1991 were preferred, wherein the Court was pleased to record the following finding:-

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“25. Let the record of Title Partition Suit No. 134 of 1979 be returned to the court of Sub Judge I, Patna with a direction to dispose of the same as early as possible taking the same on priority basis. The applicants will file the written statement within one month from the date of receipt/production of a copy of this judgment in the court below.

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As Misc. Appeal No. 112 of 1991 has been allowed and as such, First Appeal No. 425 of 1991 has become infructuous and accordingly, the same is hereby dismissed as infructuous.”

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On perusal of another order dated 09.08.2017,

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passed by a co-ordinate Bench of this Court in First Appeal

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Patna High Court C.Misc. No.1209 of 2019(2) dt.11-12-2025 3/4

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No. 644 of 2000, it appears that the said Miscellaneous Appeal, which had been filed against the final decree, was allowed, and the Court directed that the Lower Court records be returned so that Title Partition Suit No. 134 of 1979 could be decided at the earliest.

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On perusal of the certified copy of the order sheet, it clearly appears that on 20.11.2017, the Lower Court Record pertaining to Title Suit No. 134 of 1979 in Misc. Case No. 69 of 1988 was received by the Trial Court. Subsequently, by order dated 20.02.2018, the defendants were debarred from filing their written statement, despite the order of the High Court. However, on the very same date, i.e., 20.02.2018, after the aforesaid order was passed, the written statement was filed on behalf of the present petitioner, who is defendant Nos. 10 and 10(a).

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For the proper and complete adjudication of the suit, it is necessary that the written statement must be brought on record, as the matter cannot be effectively and properly decided in its absence. Although the High Court had directed that the written statement be filed within one month from the receipt of its order, the Lower Court

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Patna High Court C.Misc. No.1209 of 2019(2) dt.11-12-2025 4/4

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Records were received after considerable delay. Undoubtedly, there has been some lapse on the part of the defendant; however, in the interest of justice and for proper and complete adjudication of the case, the written statement requires to be taken on record.

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Accordingly, upon imposing a cost of Rs. 2,000/- (Rupees Two Thousand), payable to the Opposite Party, the written statement is permitted to be taken on record.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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Vijay Singh v. Girija Devi

Case brief

What is this about?

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Vijay Singh v. Girija Devi

Case brief

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