Neeta Sawant 17-WP-967-2020.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 967 OF 2020 Janardhan Lahu Dayre & Ors. ..Petitioners … (Orig.Defendants) : Versus : Sudam Mahadu alias Mahadev Patil & Ors. .Respondents … (Orig.Plaintiffs) Mr. Prashant Rajput, for the Petitioner. CORAM : SANDEEP V. MARNE, J. DATED : 3 SEPTEMBER 2026. P.C : 1) The petition challenges order dated 2 January 2018 passed by the Civil Judge Junior Division, Ulhasnagar rejecting the application preferred by the Petitioners for condonation of delay of 180 days in filing the petition. 2) I have heard Mr. Rajput, the learned counsel appearing for the Petitioners. Respondents are served with notices issued by this Court. However, none has appeared in favour of the Respondents. There is _____________________________________________________________________________ PAGE NOS. 1 of 2 Thursday, 3 September 2026 Neeta Sawant 17-WP-967-2020.docx delay of 180 days in seeking to file Written Statement on behalf of the Petitioners. In the application, some justification is pleaded by the Petitioners. It is contended that the Plaintiffs supplied list of documents to the Defendants on 17 January 2017 and this is how Written Statement was drafted and sought to be tendered alongwith delay condonation application. 3) The consequence of non-filing of Written statement in a suit are drastic. The Apex Court has held in Kailash Versus. Nankhu & Ors. 1 that provisions of Order 8 Rule 1 of the Civil Procedure Code are directory in nature and not mandatory. This is not a commercial suit. In my view therefore, an opportunity needs to be granted to the Petitioners to defend the Suit on merits. 4) The order dated 2 January 2018 is accordingly set aside. The Petitioners shall file Written Statement in the Trial Court within a period of 4 weeks. The Writ Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] 1 (2005) 4 SCC 480 _____________________________________________________________________________ PAGE NOS. 2 of 2 Thursday, 3 September 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.09.07 16:32:18 +0530