- (1.) THIS revisional application is directed against Order dated 1st August 2008 passed by the learned First Additional Civil Judge, (Junior Division), Alipore, in Title Suit No. 199 of 2003, renumbered as Title Suit No. 355 of 2003, by which an application for acceptance of the written statement, filed belatedly, is allowed.
(2.) THIS is a suit for declaration alleging that the licence granted to the defendant no. 5/opposite party is fraudulent and illegal. The said defendant entered appearance by filing vakalatnama. In an application for condonation of the delay in presenting the written statement, it is categorically stated that the said defendant-s family was penury and the dates were not properly intimated by the learned Advocate appearing for her. It is further stated that the written statement was made ready on 16th November 2006 but due to illness of the learned Advocate it could not be filed before 11th April 2007. Although the reasoning given by the trial Court is not supportable but I find that the explanation, which has been offered by the said defendant, cannot be thrown at the threshold. It is no doubt true that the provision contained in Order 8 Rule 1 of the Code of Civil Procedure is not mandatory but directory which by itself does not clothe the Court with the power to allow the written statement, filed beyond the stipulated period, in absence of any sufficient explanation.
(3.) SINCE this Court finds that an explanation has been offered, the said defendant cannot be non-suited by taking off the written statement, filed belatedly, from the record. Though the reasoning assigned by the trial Court, as indicated above, cannot be accepted but the conclusion which is made by the trial Court cannot be set aside for the reasons, as indicated above. The revisional is, therefore, dismissed. Trial Court is requested to make all efforts to dispose of the suit as expeditiously as possible, preferably within six months from the date of communication of this order, without granting unnecessary adjournments to either of the parties.;