// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.227/2004 Kailash Chand S/o Shri Ram Sahai and Another Versus Civil Judge (Sr. Div.) Rajgarh, District Alwar & Others Date of Order ::: 25.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Ajay Tantiya, Advocate, for Shri R.K. Mathur, Counsel for petitioners Shri Rajesh Chaturvedi, Advocate, for Dr. Prakash Chandra Jain, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The plaintiff-respondent No.2 filed a suit for permanent injunction in the trial court wherein the petitioners were impleaded as defendants No.3 and 4 while allowing an application under Order 1 Rule 10 CPC by the trial court vide order dated 1st August, 2001 and thereafter they were granted time to file written- statement but the same was not filed within a period of 90 days and it was filed on 20th February, 2003. The defendants moved an application for extension of time to file written-statement but the same was denied vide impugned order passed by the trial court and the written-statement filed by them was not taken on the record. The said order is under challenge in this writ petition preferred by the defendants No.3 and 4. The learned counsel for the petitioners contended that the trial court has refused to take the written-statement filed by // 2 // the petitioners on the record on the ground that the provisions in this regard are mandatory in nature whereas the Hon'ble Supreme Court has already held that these provisions are directory in nature, therefore, in the interest of justice, the written-statement, filed by them, may be taken on the record. So far as the delay of proceedings is concerned, he contended that a suitable costs can be imposed to compensate the plaintiffs. The learned counsel for the respondents defended the impugned order and prayed for dismissal of the writ petition. I have considered the submissions of learned counsel for both the parties in the light of the impugned order passed by the trial court along-with other Annexures filed with the writ petition and, after considering the same, I find that the trial court committed an illegality in not taking the written-statement of the petitioners on the record. The provisions relating to filing of written-statement within a period of 90 days are directory in nature. The right of defendants to file written-statement is an important and valuable right, which cannot and should not be denied normally. So far as the delay of proceedings due to non- filing of written-statement by the petitioners is concerned, the same can be compensated by way of awarding of costs. Consequently, the writ petition is allowed. The impugned order dated 29th November, 2003 passed by the trial court is set- aside. The written-statement filed by the defendants No.3 and 4/petitioners is ordered to be taken on the record at the costs of Rs.3,000/- (Rupees three thousand), which will be paid by the petitioners to the plaintiff within a period of one month from // 3 // today. It is made clear that in case the aforesaid amount of costs is not paid, as directed, then it will be presumed that written- statement filed by the petitioners is not taken on the record and no further time in this regard will be granted to them. So far as writ petition is concerned, the costs is made easy. (Narendra Kumar Jain) J. //Jaiman// // 4 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.226/2004 In S.B. Civil Writ Petition No.227/2004 Kailash Chand S/o Shri Ram Sahai and Another Versus Civil Judge (Sr. Div.) Rajgarh, District Alwar & Others Date of Order ::: 25.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Ajay Tantiya, Advocate, for Shri R.K. Mathur, Counsel for petitioners Shri Rajesh Chaturvedi, Advocate, for Dr. Prakash Chandra Jain, Counsel for respondents #### By the Court:- In view of the order passed in the writ petition itself, the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//