Chandubhai @ Amarsang Bhayabhai vs Rasiklal Manilal Kherdiya (Darji) on 14 October, 2015
4. Petitioner is also relying upon the decision in case of
Sandeep Thapar vs. SME Technologies Private Limited
reported in 2014 AIR (SCW) 431 by the full bench of the
Honourable Supreme Court, wherein it is held that rejection of
application for accepting written statement after prescribed period
of limitation, is not justified and thereby defendant was allowed to
file written statement but with an order of payment of cost of
Rs.50,000/-. Honourable Supreme Court has discussed the relevant
provisions and deemed it fit to allow the defendant to submit
written statement with such heavy cost because dispute involved
between the parties is to the tune of Rs.40,00,000/-. Whereas in the
present case, the dispute is pertaining to possession of land.
Therefore, it would be appropriate to permit the petitioner -
defendant to file the written statement on payment of cost of
Rs.5000/-.