D.N. Patel, J. - (1.) THE present petition has been preferred against the order, passed by learned Sub Judge -VII, Deoghar dated 21st August, 2009 in Title (Declaratory) Suit No. 73 of 2005, whereby, the written statement, filed by the present Petitioner, who is original Defendant, has not been accepted by the learned court below, mainly on the ground that the time limit, as given under the Code of Civil Procedure, has already expired.
(2.) HAVING heard learned Counsel for both the sides and looking to the decision, rendered by the Hon'ble Supreme Court in the case of Kailash v. Nanhku and Ors. as reported in : (2005) 4 SCC 480, it appears that the provisions of Order 8 Rule 1 of the Code of Civil Procedure is not mandatory in nature rather it is procedural and even if there is a delay, looking to the facts and circumstances of the case, the written statement can be accepted by the court in the interest of justice and to decide correctly the dispute between the parties. It appears that the Petitioner, who is original Defendant, filed his appearance in Title (Declaratory) Suit No. 73 of 2005 on 6th December, 2006 and thereafter, an application was given by him on 6th January, 2007, challenging the maintainability of the suit, which was decided in the year, 2008 and thereafter, the written statement was filed by him in the year, 2009. In view of the dispute between the parties, filing of the written statement by the Defendant will facilitate the trial court in deciding the dispute between the parties judiciously and, therefore, I hereby quash and set aside the order dated 21st August, 2009, passed by the trial court (learned Sub -ordinate Judge -VII, Deoghar) in Title (Declaratory) Suit No. 73 of 2005 and allow filing of the written statement even at a belated stage, with a cost of Rs. 500/ -(rupees five hundred), which will be deposited by the present Petitioner (original Defendant) before the trial court and upon proper application, preferred by the Respondent (original Plaintiff), the said amount will be allowed to be withdrawn by him. The aforesaid amount will be deposited by the Petitioner (original Defendant) before the trial court within a period of four weeks from today.
(3.) WITH the aforesaid observations, this writ petition stands disposed of. The written statement, filed by the Petitioner (original Defendant) is directed to be taken on record of Title (Declaratory) Suit No. 73 of 2005, subject to the condition, as aforesaid.;