Patna High Court - Orders
Md. Rafique Alam vs Ashok Poddar & Ors. on 22 August, 2013
Author: Mandhata Singh
Bench: Mandhata Singh
Patna High Court C.R. No.195 of 2012 (07) dt.22-08-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.195 of 2012
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Md. Rafique Alam
.... .... Petitioner/s
Versus
Ashok Poddar & Ors.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Avanish Kumar Singh &
Mr. Rashid Ram- Advocates
For the Respondent/s: M/s Lala Sachindra Kumar-O.P.
Mr. Ashok Kumar Sinha no.2-O.P.1 to 10
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CORAM: HONOURABLE MR. JUSTICE MANDHATA
SINGH
ORAL ORDER
07 22-08-2013This Civil Revision is directed against the order dated 18.05.2012 passed by the learned Civil Judge, Senior Division-1, Madhepura in Title Eviction Suit no.288 of 2011 under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (BBC Act).
Heard learned counsel for the plaintiff and learned counsel for the Respondents.
In Title (Eviction) Suit No.288 of 2011 defendants appeared, but neither with written statement nor with affidavit to grant leave to contest the suit and a petition was filed on the day of appearance of defendants itself on 03.03.2012 that as defendant- opposite parties did not appear with affidavit to grant leave to Patna High Court C.R. No.195 of 2012 (07) dt.22-08-2013 contest the suit so, he should be debarred to contest the suit. In the meantime, the defendant-opposite parties filed written statement on 14.03.2012 and rejoinder of plaintiff's petition dated 03.03.2012 along with an affidavit to grant leave to contest the suit.
Submission on behalf of learned counsel for the revisionists is that affidavit for grant leave to contest should be filed on first day of appearance that should not be allowed later. Further, it is submitted that written statement filed earlier to the affidavit should not be accepted. His further submission is that there is no ground in the affidavit, which could be based for granting any leave and trial Court has also granted leave to contest the suit observing that defendants should not be debarred on technical ground.
A case reported in 1998 (1) P.L.J.R. page-126 is the decision of a Single Judge of this High Court in which his Lordship has laid down a principle that it is not mandatory at all to file affidavit to grant leave to contest the suit on the first day of appearance, but that should be filed within reasonable time. In this case, defendant-opposite parties appeared in the case on 03.12.2011, written statement is filed on 14.03.2012, later on affidavit to grant leave to contest the suit and a rejoinder of the Patna High Court C.R. No.195 of 2012 (07) dt.22-08-2013 plaintiff's petition on 10.04.2012. Ground is there in affidavit the time in which it is filed, may not be said unreasonable, ground is discussed by the trial Court also. A further technicality that written statement is filed earlier to affidavit to grant leave to contest the suit is also of no consequence as within fifteen days written statement should be filed, which has been filed earlier to fifteen days, in other words, was already on record. So, I find no mistake committed by the trial in passing the impugned order at any corner.
Accordingly, this Civil Revision is hereby dismissed.
(Mandhata Singh, J) Vikash/N.A.F.R.