DWARKA PRASAD SON OF LATE SHRI SITARAM VS DURGALAL SON OF LATE SHRI SITARAM
- Court
- Rajasthan High Court
- Bench
- Jaipur
- Date
- 2 Sept 2026
- Citation / case number
- CW / 17249 / 2026
- Neutral citation
- 2026:RJ-JP:35399
- Judges
- HON'BLE MR. JUSTICE SUDESH BANSAL
- CNR
- RJHC020815672026
Summary
The petitioner sought setting aside of the order condoning delay in filing defendant No.3’s written statement under Order VIII Rule 1 CPC. HELD- In non-commercial suits, the timeline is directory and delay may be condoned on sufficient explanation assessed flexibly. Here, no ex parte order or forfeiture existed, proceedings were pending, and no substantial prejudice was caused. Trial Court’s order was lawful; writ petition dismissed.
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