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Bombay High Court

INDRAVADAN A. SONAVANEversusVIMAL @ BHAGYASHRI SHARAD SHIRSAT AND ORS.

Decided
Disposal
Disposed Off

Holding

The trial court's order rejecting the condonation application is set aside, and the petitioner is allowed to file the written statement within eight weeks.

Summary

The petitioner, Indravadan A. Sonavane, filed a writ petition challenging a civil judge's order that rejected his application for condonation of a 16‑month delay in filing the written statement and for recalling a "No W.S." order. The petitioner argued that the delay was explained and that Order VIII Rule 1 of the Code of Civil Procedure is directory, not mandatory, citing the Supreme Court decision in Kailash v. Nanhku. The High Court examined whether the trial court should have allowed the condonation. Finding the Supreme Court precedent persuasive, the Court held that the trial court erred and set aside its order, directing the petitioner to file the written statement within eight weeks. Consequently, the writ petition was allowed and disposed.

Issues considered

  • Whether a delay of 16 months in filing a written statement can be condoned under Order VIII Rule 1 of the Code of Civil Procedure
  • Whether the "No W.S." order should be recalled

Legislation cited

Subjects

  • condonation of delay
  • written statement
  • civil procedure
  • writ petition
  • Order VIII Rule 1
  • appeal jurisdiction

Judgment

                    Sonali Mane                                                       35-WP-23-2018.docx



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 23 OF 2018


                    Indravadan A. Sonavane                                      … Petitioner
                             Versus

                    Vimal @ Bhagyashri Sharad Shirsat And Ors.                  … Respondents



                    Mr. Omkar Nagvekar i/b Ms. Prabha U. Badadare for Petitioner.
                    None for Respondents.



                                                       CORAM        : SANDEEP V. MARNE, J.

                                                       DATE         : 22 SEPTEMBER 2026.

                    P.C. :


                    1)            The Petition is filed challenging Order dated 18 September
                    2017 passed by the Civil Judge, Senior Division, Niphad, rejecting the
                    Petitioner's application at Exhibit 85 seeking condonation of delay in
                    filing the written statement and for recall of the 'No W.S. Order.



                    2)            Respondent No.1 is the original Plaintiff, who is duly served.
                    However, none has appeared on behalf Respondent No.1.



                    3)            Learned counsel appearing for the Petitioner submits that
                    there was a delay of only 16 months in filing the written statement. He
                    submits that the delay is properly explained. He submits that Petitioner
        Digitally
        signed by
        MANE
MANE SONALI
SONALI DILIP
                    is the Sub Registrar who was present in the office at the time of
DILIP  Date:
       2026.09.24
        10:57:04
        +0530


                                                    ___Page No.1 of 2___
                                                     22 September 2026
Sonali Mane                                                        35-WP-23-2018.docx



registration of the document in question. Petitioner is not the main
contesting party in the suit. The consequences of non filing of written
statement is disastrous. The Apex Court as held in Kailash Vs. Nanhku
& Ors.1 has held that the period provided for in Order VIII Rule 1 of the
Code of Civil Procedure is not mandatory but directory. Considering the
reasons pleaded in the application at Exhibit 85, in my view, the Trial
Court ought to have allowed the application.



4)            The impugned Order dated 18 September 2017 is accordingly
set aside. Application at Exhibit 85 is allowed in terms of prayer made
therein. Petitioner shall tender his written statement within a period of
eight weeks.



5)            The Writ Petition is allowed in above terms and is accordingly
disposed of.




                                                       [SANDEEP V. MARNE, J.]




1 2005 (4) SCC 480


                                ___Page No.2 of 2___
                                 22 September 2026


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