T B HIGH COURT OF CHHATTISGARH AT WRIT PETITION (227 BILASPUR No 4,5 c G 1 OF 2010 (s B) / Prafulla Kul’nar S/o Champalal Jaiswal, ageid about 51 years, R/o Kamthi Linei, Rajnandgaon (C.G.). PETITIONER PLAINTIFF VERSUS /. i ‘ I i I 1 Smt Saroj Eai W/o Ashok Jalswal aged about 156 years R/o C1V11 Line Berdl Road Post Sausar D1str1ct Chhmdwada (M P ) RESPONDENTS DEFENDANTS Shalini Bai W/o Ashok Jaiswal, . aged about 45 years, Gandhi Chowk, Near Geetanjali Papad Kendra, Post Chikhli, District _ Buldhana (Maharashtra). ‘ ' {I} Madhuri W/ o Sanjay Jaiswal, aged about 33 years, R/o E.W.S-./297, Vaishali Nagar, Bhilai, District Durg (C.G.). Pradeep Kumar JaisWal§70 Late Shri Champalal Jaiswal, aged about 48 years, R/o In front of Bahuli Mandir, Bajaj Nagar, Post Tumsar (Maharashtra). Praveen Jaiswal S/o Shri- Champalal Jaiswal, aged about 43 years, R/o In front of Mutka Bai School, Rajendra Nagar, Tumsar, District Bhandara (Maharashtra). Rahul S/o Ashok Kumar Jaiswal, aged about 2O years, R/o Gujari Bazar, Gandhi Chowk, In front of Geetanjali Papad Kendra, Post Chikhli, District Buldhana (Maharashtra). Suresh Ahuja S/o Sevaram Ahuja, aged about 38 years, R/o Lalbag, Sindhi Colony, Ward No. 20, Gali No.5, Rajnandgaon (C.G.). ‘ Mukesh Ahuja S/ o Sevaram Ahuj aged about 3‘5 years, R/o Lalbag,. Sindhi Colony, Ward No. 20, Gall o.5, Rajnandgaon (C.G.).’ / 1N HE HON LE a N / Sanjay Ramchandani S/ o Arjun Das Ramchandani, aged about 36 years; we Lalbag, Sindhi Colony, Ward No. 20, Gali No.5, Rajnandgaon (C.G.). /10. Vijay Ramchandani S/o Arjun Das Ramclglandani, aged about 36 years, R/o Lalbag, Sindhi Co1ony, ward No. 2o, Gan No.55, Rajnandgg‘on (C.G.). /1 1. Gyanchanf’d Jain S/ o Nemichand Jain, aged about 37 years, R/o Kamthi Line, Ward No. 24, Rajnandgaon (C.G.), )2. The Regtstration Officer, ' . Registration Offlce, Rajnandgaon, Tahsil and District Rajnandgaon (C.G.). ' The State of Chhattisgarh, through the Collector Rajnandgaon, Nazool Department Joint District Office, Rajnandgaon (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA HIGH cOURT OF CHHATTISGARH AT BILASPUR Smgle Bench Hon‘bie Sh" Justice PJashant Kumar Mlshra Writ Petition i227) No.216!2010 Petitioner 'Prafuila umar i t i 1 Respandent V Smt. Sago} Bai and others. Versus h r , Shn Malay Kumar Bhadun cuunsei for the petitioner Ms Sangeeta Mishra Panel Lawyer for the State Wnt Petition under Article 227 of the Constitution of india o R A L o R D E R (18.01.2019; v Heard on admission. (2) By the impugned order in this writ petition iiied under Articie 227 of the‘ Constitution of India the teamed trial Court has accepted the written statement tiled by the defendant No3 by imposing a cost of Rs SOOI- The counsel for the petitioner urged that the leamed trial Court has not at all discuseed the circumstances which warranted allowmg defendant No 3 to file written statement after the expiry penod ‘ of 90 days. (3) On perusal of the impugned order it is seen that the serVIoe of summon on defendant No 3 was executed on 17 06 2008 and the said defendant No 3 entered appearance in the Court for the first time on 23 06 2008 The written statement has been filed on 08 10 2008 thus there was some delay in filing the wntten statement and that delay is neither inordinate nor excesswe Leamed tnal Court applied the observation made by the Hon ble Supreme Court in Sambhaji and others Vs. Ganqa Bai and Others. 2009 {2) C.G.L.J. :437 ($.C.) and directed that the written statement filed by the defendant No.3 deserves to be taken on record; ln the matter of Sambhaji (supra) Hon’bl‘e Supreme Court has held that the provision prescribing tiling of written statement within 90 days is not mandatory and that the V arm. AA . (/ t pn of th r, th cretio n i xs y r r doe s m i io an re nde tiste 227 t ii tis a isms V the esent piti, ore, ‘ i r Va I S/ u z rov aid e o .C o rura \a d ot o suste aw. (4),; \n he oinio is Cout e disn ad jursdiction »., eeroied b the leaned tial Court s not uitor fro shy error o i jursdictin wrrating interience ur Ar of he Consttuton , r of indra (5): The pr eton theref in stage itei d/— _ Prashant Kmar MiEIii‘a F u g Jdge )Q pisions contne under Ordr 8 Rule 1 f C.P. is part f pooéd‘ w an n f btaniv l o ai nd dised at : i admisso sf.