LAXMIPRIYA SAMANTRAY Vs. JAGANNATH JEW, BIJE JAYABADA, JAGATSINGHPUR

JUDGEMENT

(1.) This petition seeks to lacinate the order dated 30.03.2018 passed by learned Civil Judge (Jr. Divn.), Jagatsinghpur in C.S. No.579/2015, whereby learned trial court has refused to accept the written statement filed by the defendant-petitioner.

(2.) The plaintiff-opposite party instituted the suit for declaration that the sale deed bearing no.4614, dated 12.11.1976 as well as the ROR published in the year 1984 are null and void and recovery of possession. The defendant appeared on 31st March, 2016. Thereafter, she sought for several adjournments to file written statement. Learned trial court has granted six adjournments to file written statement. By order dated 22.09.2016, the defendant was debarred from filing written statement. While the matter stood thus, the plaintiff was examined as P.W.1 on 24.01.2017. The defendant had not cross-examined the said witness. On 6.3.2017, the defendant filed written statement along with an application to accept the same. Paragraph 2 of the application is quoted hereunder.

(3.) Miss Soumya Sucharita Deo, learned Advocate for the petitioner, submits that the residential house of the defendant is standing over the suit. The defendant was ill. She could not arrange the documents for filing the written statement. She filed an application for adjournment. The same was granted. But then, the defendant could not collect the documents. Thereafter, she filed the written statement along with an application to accept the same on 6.3.2017. She further submits that unless the written statement is accepted, the defendant will be highly prejudiced. To buttress the submission, she places reliance on the decision of the apex Court in the case of Rajinder Tiwari vs. Kedar Nath (Deceased) Thr.L.Rs. and others, 2019 (II) CLR (SC)-144.