Bombay High Court
Sanjay Motiram Mahajan ... vs Prakash Krushnarao Deshmukh on 12 July, 2022
Bench: Manish Pitale
1/3 923.wp.4874.2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4874 OF 2021
(Sanjay Motiram Mahajan (Wasurkar) & Anr. V/s Prakash Krushnarao Deshmukh)
Office Notes, Office Memoranda of Court's or Judge's orders
Coram, Appearances, court's orders or
directions and Registrar's orders
Mr. Madhur A. Deo, Advocate for Petitioners.
Mr. P. J. Vairagade, Advocate for Respondent.
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CORAM : MANISH PITALE, J.
DATE : JULY 12, 2022.
. By this Petition the Petitioners have challenged
orders dated 21/2/2019 and 2/2/2021 passed by the Civil
Judge Junior Division, Warora, whereby written statement
sought to be placed on record has not been allowed, for the
reason that period of 90 days has elapsed. By the first order
dated 21/2/2019, the court below rejected the application
seeking extension of time to file written statement and by the
second order dated 2/2/2021, an application for permission to
place on record written statement was also rejected.
2. The sole Respondent was served and he has
appeared through Counsel. The learned Counsel for the
Petitioners has relied upon a recent order dated 8/10/2021
passed by the Hon'ble Supreme Court in Civil Appeal No. 6304
Yadav VG
2/3 923.wp.4874.2021.odt
of 2021 (Shoraj Singh V/s Charan Singh), wherein the settled
position of law has been reiterated that the period of 90 days
for filing written statement is directory and not mandatory.
3. The learned Counsel for the Respondent has
opposed the present Petition.
4. It does not need reiteration that as per the
judgments of the Hon'ble Supreme Court in various cases,
including Kailash V/s Nanhku & Ors., (2005) 4 SCC 480 and
Salem Advocate Bar Association, Tamil Nadu V/s Union of
India, (2005) 6 SCC 344, it has been held that the period of 90
days for filing written statement is directory and not mandatory.
Therefore, the Court does have power to permit filing of written
statement beyond the period of 90 days.
5. A perusal of impugned orders shows that the court
below has proceeded on the basis that once the period of 90
days is over, no permission to place on record the written
statement could have been granted. The error committed by the
court below in the impugned orders is evident from the
language of the impugned orders. The said orders are cryptic
and there is no application of the aforesaid settled position of
law. In view of the above, the Writ Petition is allowed.
Yadav VG
3/3 923.wp.4874.2021.odt
6. Impugned orders dated 21/2/2019 and 2/2/2021
are set aside and permission to place on record written
statement is granted. The Petitioners shall place on record
written statement within a period of two weeks from today,
before the court below.
(MANISH PITALE, J.)
Digitally Signed ByVIJAYA
GOURISHANKAR YADAV
Signing Date:14.07.2022
17:21
Yadav VG
