Vijay Singh v. Sube Singh & Anr.
Case at a glance
- Order date
- 12 Mar 2012
- Bench
- M M S BEDI
Outcome
Disposed of
Petition is disposed of in limine
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 O. 8 r. 1
Judgment
Operative part
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. R.S. Dhull, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) This is a revision petition under Article 227 of the Constitution of India against an order dated February 16, 2012 passed by Additional Civil Judge (Senior Division), Kaithal, striking off the defence of petitioner while adjourning the matter for April 4, 2012 to enable the co-defendant of petitioner (his mother) to file written statement. Counsel for the petitioner submits that written statement could not be filed as the copy of the plaint filed by the plaintiff-respondent No.1 was incomplete. C.R. No. 1519 of 2012 [2] Without expression of any opinion on the excuse raised by the petitioner, I deem it appropriate to dispose of this revision petition in limine by giving an opportunity to the petitioner to file written statement by next date of hearing fixed before the trial Court which is stated to be April 4, 2012, subject to payment of cost. A perusal of the impugned order dated February 16, 2012 indicates that while the Court was adjourning the matter for enabling the co- defendant of the petitioner to file written statement, an opportunity could have been granted to the petitioner also to submit the written statement on the adjourned date as the provisions of order 8 Rule 1 CPC are not mandatory but are directory. As the plaintiff- respondent has filed a case for custody of a child, the trial Court ought to have given a fair opportunity to the defendants who are admittedly having the custody of the child, which has been claimed by the plaintiff- respondent. Petition is disposed of in limine. The petitioner – defendant No.2 will file written statement on next date of hearing which is stated to be April 4, 2012 subject to payment of cost of Rs.10000/- to the plaintiff- respondent. It is made clear that in case the written statement is not filed or cost is not paid, this petition will be deemed to have been dismissed. March 12, 2012 sanjay (M.M.S.BEDI) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition is disposed of in limine
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — O. 8 r. 1.
Which court decided this case, and when?
Punjab & Haryana High Court, on 12 Mar 2012. The bench was M M S BEDI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.