BIMLA DEVI Vs. RAMESH CHAND

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 19.10.2015 vide which the petitioner has been debarred from filing the written statement and reply to the stay application on the ground that more than 90 days have expired.

(2.) Learned counsel for the petitioner contended that the petitioner was to prepare the written statement on the basis of certain documents which were not available with her at that time. He contended that one opportunity of 7 days may be given to the petitioner to file the written statement otherwise her rights will be seriously prejudiced in the suit and she will not be able to effectively contest the suit.

(3.) I have duly considered the aforesaid contentions. It is the settled principle of law that the procedural law is handmaid of justice. The provisions of Order 8 Rule 1 of the Code of Civil Procedure, 1908 is directory in nature and the filing of the written statement beyond 90 days should be allowed to avoid extreme hardship but not in routine manner. To support this view, reference can be made to case 'Kailash Vs. Nanhku & Others 2005 Volume 2 RCR Civil 379 (SC)'.