KUMARI SHARISH ALI Vs. ZEENAT ZAHAN

JUDGEMENT

(1.) By means of the present civil revision, revisionists-plaintiffs have put to challenge the judgment and order dtd. 30/7/2025, passed by learned Civil Judge Senior Division, Ramnagar, District Nainital in Original Civil Suit No.26 of 2021 Kumari Shaurish Ali and Others Vs. Zeenat Zahan and Others, whereby, the application filed by respondent-defendant No.1 under Order 8 Rule 1 read with Sec. 151 CPC was allowed, subject to payment of cost of Rs.2,000.00and the written statement filed by the respondent-defendant No.1 was directed to be taken on record.

(2.) It is contended by learned counsel for the revisionists-plaintiffs that Original Civil Suit No.26 of 2021 Kumari Shaurish Ali and Others Vs. Zeenat Zahan and Others, was instituted in the Court of learned Civil Judge Senior Division, Ramnagar, District Nainital, for mandatory injunction.

(3.) It is further contended by him that the respondent-defendant No.1 Zeenat Zahan appeared in the Suit and filed her written statement after a delay of more than four years along with an application under Order 8 Rule 1 read with Sec. 151 CPC stating therein that due to the reason that there were talks of compromise between the parties, written statement could not have been filed in time and a request is made to condone the delay in filing written statement and the same may be taken on record. The said application was opposed by the revisionists-plaintiffs by filing objection stating therein that the written statement has not been filed by respondent-defendant No.1 deliberately on time and the false excuse is taken in the garb of talks of compromise between the parties. The learned Trial Court has allowed the said application subject to payment of cost of Rs.2,000.00 to be paid to the revisionists-plaintiffs. Thus, feeling aggrieved, revisionists-plaintiffs are before this Court.