Affakuzzaman Khan vs Mohammad Abbas Rahim And Ors
2026 Latest Caselaw 2730 Cal/2

Calcutta High Court

Affakuzzaman Khan vs Mohammad Abbas Rahim And Ors on 7 April, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

O -13
                                                   ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                               IA NO. GA/2/2026
                                       IN
                                 CS/121/2025

                          AFFAKUZZAMAN KHAN
                                  VS
                     MOHAMMAD ABBAS RAHIM AND ORS.

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 7th April, 2026.

APPEARANCE:

Mr. Rohit Banerjee, Adv.

Mr. Niloy Sengupta, Adv.

Mr. Sujit Banerjee, Adv.

For plaintiff Ms. Dakshayani Basu, Adv.

For defendant no.1

THE COURT: This is an application by the defendant no.1 for extension

of time to file written statement. The writ of summons was received by the said

defendant on 25th February, 2026 with a stipulation to file the written

statement within 28 days from the date of receipt of the writ of summons. The

written statement, however, was not filed within the stipulated time period.

On 2nd April, 2026 this application has been made. Although the grounds

of delay in filing the written statement are shorn of details on being considered

in the light of the judgment reported in 2025 SCC OnLine SC 1969

(Shivamma (Dead) by Lrs. Vs. Karnataka Housing Board and Others),

however, for the ends of justice and not to denude the defendant no.1 from

defending the suit, the time to file written statement is extended till 8 th May,

2026 subject to payment of cost assessed at 5000GMs.. Out of which

2500GMs. shall be paid to the plaintiff and the balance 2500GMs. shall be paid

to the State Legal Services Authority. The payment of costs is a pre-requisite

for accepting the written statement.

Department shall accept the written statement if placed before it by the

defendant no.1 within the extended period of time provided the same is in

proper form and order after ascertaining payment of costs.

Immediately after filing of the written statement, learned Advocate for the

defendant no.1 shall serve a copy of the written statement with all legible

annexures upon the learned Advocate for the plaintiff.

Nothing further remains to be adjudicated in this application. The same

is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

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