1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11117 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 11117 OF 2010 *** 1. Heard Advocate Shri Warad for Petitioner, Advocate Shri Patil holding for Advocate Shri Gunale for respondent Nos.1 and 2. 2. In the suit filed by her father (Respondent No.1) present petitioner tendered her written statement on 9th April, 2009 i.e. within period of 90 days and sought leave to place signatures upon it lateron as because of her service at Yeotmal she was not in a position to come to the place of Court viz. Ahmedpur for signing it. Trial Court rejected that application on 27th July, 2009. Thereafter, she filed very same written statement duly signed and affirmed and made request to accept it. That has been rejected after noticing that it was tendered beyond 90 days. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11117 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. Shri Warad has attempted to explain how the petitioner/ widow was cheated by her father and has contended that Court below has taken a too technical approach. 4. According to Advocate Mr. Patil as written statement placed on record on 9th April, 2009 was neither signed by petitioner nor her Advocate, the trial Court has rightly refused to look into the same and there is no jurisdictional error. 5. It is apparent that written statement was filed in a suit instituted by Respondent No.1 against her, by petitioner and it was presented by an Advocate on her behalf. The trial Court, therefore, could not have refused to accept it on record. Whether there was failure to sign that written statement or then whether omission to sign it is fatal or not is altogether different question and it was not relevant on 9th 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 11117 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. April, 2009. Moreover, that order has been passed on 27th July, 2009 and immediately thereafter a proper written statement has been placed on record. 6. In this view of the matter, I find that provisions of Order VIII Rule 1 were substantially complied with. The impugned orders passed on 5th July, 2010 below Exhibit-23 and below Exhibit-1 are, therefore, quashed and set aside. The application at Exhibit-23 is allowed. Written statement presented by petitioner is taken on record. 7. Rule is made absolute accordingly. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/04/2011. ans/11117