Written statement not filed within 90 days – Inherent power of Civil Court -- Trial court allowed the application without recalling the earlier order vide which defence of the defendant was struck off for non-payment of costs of Rs.500/-, as well as, having not filed the written statement within the permissible period of 90 days – Held, Trial court is vested with inherent powers u/s Section 151 CPC to correct any mistake and/or recall its own order in the interest of justice, at a later stage, if the circumstances are made out.

(P&H HC) Decided on: 09.04.2021

Non-filing of Written statement – Non-framing of issues – Effect of -- Since the issues have not been framed till date, this revision allowed and order set aside with direction to the trial Court to allow the petitioner to file his written statement after giving one more opportunity subject to deposit of Rs.15,000/- as costs.

(P&H HC) Decided on: 19.01.2021