CHANDRA SHEKHAR Vs. UOI

JUDGEMENT

(1.) The respondent herein-Union of India has filed a Civil Suit for recovery of Rs.12,47,67,414/- against the appellant, Mr.Chander Shekhar and Samajwadi Janta Party (Rashtriya).

(2.) The civil suit was filed in the year 2000. Written statement to the civil suit was filed by the appellant on 5th March, 2003. Replication to the written statement was filed by the respondent/Union of India on 24.2.2004 It may be relevant to state here that the Joint Registrar before whom the civil suit was listed, had vide order dated 05.2.2003 granted three weeks time to the appellant to file the written statement and two weeks time thereafter to the respondent- plaintiff to file replication. The defendant no.2 had filed its written statement only after 07.4.2003 as the said written statement is verified on the said date as per copy placed on record.

(3.) When the suit came up before the learned Single Judge on 03.8.2004, an objection was raised by the appellant that the replication cannot be taken on record as it was filed much beyond the period of two weeks granted by the Joint Registrar for filing the same vide order dated 05.2.2003 and the provision of Order VIII Rule 9 read with Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as Code, for short) would apply. The learned Single Judge by the impugned order allowed the replication already filed, to be taken on record subject to costs of Rs.3,000/-. It was held that the replication, though filed belatedly, interest of justice demands that it should be taken on record so as to give a fair chance to both the parties to plead and contest their claim/case on merits. Learned Single Judge has held that the provisions of Order VIII Rule 9 of the Code are not attracted.