High Court Patna High Court - Orders

Shakil Ahmad vs Saida Khatoon &Amp; Ors on 4 July, 2008

Patna High Court – Orders
Shakil Ahmad vs Saida Khatoon &Amp; Ors on 4 July, 2008
    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 C.R. No.374 of 2006
                   SHAKIL AHMAD
                       Versus
               SAIDA KHATOON & ORS
                      -----------

5 4.7.2008 Heard Counsel for the parties.

The petitioner, defendant in the suit,

is aggrieved by an order dated 10.1.2006

whereby and whereunder his prayer for filing of

a written statement came to be rejected on the

ground that he had no adverse interest to the

plaintiff and that such an effort to file written

statement was wholly belated.

Counsel for the petitioner with

reference to the peculiar facts of this case would

contend that though it is true that the suit was

filed in the year 1990 but a compromise was

sought to be effected in the year 1991 and thus

initially, the defendant/petitioner was not even

required to file a written statement but as

certain development and events had taken place

subsequently due to which not only the

proposed compromise could not be effected but

even defendant no.7 had to be transposed as a

plaintiff and there was no written statement

even on behalf of the defendant no.7, it was

found necessary by the petitioner to make such
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prayer for filing written statement on his behalf

who is the defendant no.1 to the suit.

On the other hand, Counsel for the

opposite party, the contesting defendant 2

submits that the whole purpose of the petitioner

of filing a written statement by the

defendant/petitioner is only to delay the

disposal of the suit inasmuch as the

compromise effected between him and the

transposed plaintiff as well as the original

plaintiff is an admitted fact and in fact the

plaintiff and the petitioner defendant no.1 are

sailing in the same boat and therefore, no

prejudice would be caused to the

defendant/petitioner if he is not allowed, now to

file written statement at such a belated stage i.e.

after eighteen years of filing of the suit.

In reply to the aforementioned

submissions, the Counsel for the petitioner

defendant no.1 has submitted that under the

changed scenario when the compromise could

not be effected due to the resistance of the

contesting defendant no.2, the defendant no.1

should be shut out from explaining his stand by

filing his written statement and that he is
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prepared to compensate the defendant no.2 for

the delay and inconvenience caused as held by

the Apex Court in the case of Kailash Vs.

Nanhku reported in AIR 2005 SC 2441.

Having taken into consideration, the

peculiar facts of this case and the different

stages under which the litigation in the suit has

undergone wherein at one stage, it was sought

to be even compromised between the parties

and in fact such compromise had filed, this

Court in the interest of justice would allow the

petitioner to file his written statement in

capacity of the defendant no.1 to the suit

specially when there are two sets of defendants

contesting the suit and there is no written

statement on behalf of one of such sets

represented by the petitioner, the defendant

no.1. In that view of the matter, this Court

would set aside the order of the Court below and

direct that the written statement of the

defendant no.1 be taken on record if filed within

a period of one month from the date of

receipt/production of a copy of this order on a

payment of a cost of Rs. 20,000/- (twenty

thousands) is paid by the defendant no.1 to the
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contesting defendant no.2 to compensate the

loss for delay and inconvenience caused to him

for a period of nearly seventeen years from the

date of filing of his written statement.

Accordingly, this civil revision

application is disposed of.

Rsh                              (Mihir Kumar Jha, J.)