In this writ petition preferred under Article 227 of the Constitution of India, challenge is made to the order passed by the learned Civil Judge in Regular Civil Suit no. 53 of 2011, whereby an application moved vide Exh. 48 under Order VIII Rule 1 of the Code of Civil Procedure has been dismissed with strong observations.
Learned advocate Ms. Kruti M Shah appearing for the original plaintiff petitioner submits that at no point of time the plaintiff has abused the process of law nor has tried to delay the proceedings. It is the defendant who is delaying filing the written statement and left lacunae for plaintiff-petitioner to move such an application. She further strongly objected to the allegations, alleged upon the plaintiff petitioner.
Considering the submissions and also the impugned order, the trial Court has rightly pointed out that non signing of the written statement by the defendant-respondent is a technical defect and therefore it has rightly not acceded to the request of allowing application filed under Order VIII, Rule 1 CPC.
As far as observations made against the plaintiff-petitioner, the same though are harsh and unwarranted, that by itself can-not made the order illegal and it is being observed that the same may not come in the way of the petitioner at any time accordingly, this writ petition stands dismissed. No costs.
(Ms.
Sonia Gokani,J.) Deepak* Top