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Bombay High Court

Nozer Rumi DaruwalaversusState of Maharashtra

Decided
Disposal
Disposed Off

Holding

The trial court's order was set aside and the petitioners were allowed to recall the ‘No W.S.’ order and file their written statement.

Summary

The petitioners, Nozer Rumi Daruwala & Ors., filed a writ petition challenging the Civil Judge Junior Division, Karjat's order dated 2 January 2018 which rejected their application to recall a ‘No W.S.’ (No Written Statement) order. The trial court had erroneously concluded that no such ‘No W.S.’ order had been passed, despite records showing orders dated 5 July 2016 and 2 January 2018 indicating otherwise. The petitioners argued that the delay of 40‑45 days in filing their written statement was not fatal and that the order should be set aside to permit filing. The High Court examined the factual record and found the trial court’s reasoning incorrect, holding that the ‘No W.S.’ order must be recalled. Consequently, the Court set aside the trial court’s order dated 2 August 2018, allowed the petitioners to file their written statement, and disposed of the writ petition without costs.

Issues considered

  • Whether the trial court erred in finding that no ‘No W.S.’ order was passed in the case.
  • Whether the petitioners are entitled to recall the ‘No W.S.’ order and be permitted to file a written statement despite a delay of 40‑45 days.

Subjects

  • No W.S. order
  • written statement
  • civil procedure
  • recall of order
  • high court
  • trial court error

Judgment

Neeta Sawant                                                 19-WP-8028-2018.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION


                      WRIT PETITION NO. 8028 OF 2018
                                      WITH
                  INTERIM APPLICATION NO. 3288 OF 2026
                                      WITH
                  INTERIM APPLICATION NO. 7459 OF 2026


Nozer Rumi Daruwala & Ors.                                           ...Petitioners
                    : Versus :
State of Maharashtra & Ors.                                           ...Respondens



Mr. Kaustubh Joshi, for the Petitioners.

Ms. Rekha Jadhav, for Respondent Nos.2, 3 and 4.

Ms. Sulbha Chipade, AGP for State.



                                   CORAM: SANDEEP V. MARNE, J.
                                   DATED:        1 OCTOBER 2026.
P.C.:


1)                The Petition challenges order dated 2 January 2018 passed
by the Civil Judge Junior Division, Karjat rejecting the application filed
by the Petitioners for recall of ‘No W.S.’ order.


2)                I have heard Mr. Joshi, the learned counsel appearing for
the Petitioner and Ms. Jadhav, for Respondent Nos.2, 3 and 4.

                                      PAGE NO. 1 of 2
                                  Thursday, 1 October 2026
                      Neeta Sawant                                              19-WP-8028-2018.docx


                      3)             Perusal of the impugned order would indicate that the Trial
                      Court has erroneously observed that ‘No W.S.’ order was not passed and
                      on that count, Petitioner’s application is rejected.             My attention is
                      invited to orders dated 5 July 2016 and 2 January 2018 which clearly
                      indicates that 'No W.S.' order was indeed passed in the present case.
                      Thus, the reason recorded for rejecting the application at Exh.35
                      appears to be erroneous. Even otherwise, the delay in filing the Written
                      Statement was hardly of 40 to 45 days. The consequences of non-filing
                      of Written Statement in a Suit are disastrous. In my view, therefore the
                      Trial Court ought to have allowed the application for setting aside the
                      'No W.S.' order and ought to have permitted Petitioners to file their
                      Written Statement.


                      4)             Accordingly, the order dated 2 August 2018 passed by the
                      Trial Court is set aside.      The Written Statement tendered by the
                      Petitioner is taken on record. The Writ Petition is accordingly allowed
                      and disposed of. There shall be no order as to costs. All pending Interim
                      Applications also stand disposed of.
NEETA
SHAILESH
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2026.10.05
11:44:56 +0530                                                    [SANDEEP V. MARNE , J.]




                                                         PAGE NO. 2 of 2
                                                     Thursday, 1 October 2026


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