AMRIK SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dated 23.3.2019, passed by the learned Civil Judge-II Una, District Una, H.P., whereby defence of the petitioners-defendants (herein after referred to as "the defendants") came to be closed, defendants have approached this Court in the instant proceedings filed under Article 227 of the Constitution of India.

(2.) Having heard learned counsel for the parties and perused material available on record vis-A-vis reasoning assigned by the court below while passing impugned order, this Court though finds no illegality and infirmity in the same, because bare perusal of order itself reveals that despite repeated opportunities, defendants failed to file Whether the reporters of the local papers may be allowed to see the judgment? written statement and as such, court proceeded to close their defence.

(3.) No doubt as per provisions contained under Order 8 Rule 1 CPC, defendants are required to file written statement within a period of thirty days, but such time can be further extended by the court up to ninety days as has been provided in the Proviso to Order 8 Rule 1 CPC. Otherwise also, it has been repeatedly held by the Hon'ble Apex Court as well as this court that whenever technicalities are pitted against substantial justice, it is the substantial justice, which is to prevail.