2025:HHC:27402 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Revision No. 151 of 2024 Date of decision: 13.08.2025 State of H. P. & Ors. …Petitioners Versus Ram Krishan & Ors. …Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting? For the Petitioners: Mr. Diwakar Dev Sharma, Addl. A.G. For the Respondents: Mr. Atul Jhingan, Advocate, for respondents No. 1 to 3 and 4(a) to 4(e). Bipin Chander Negi , Judge Present petition has been preferred against the impugned order dated 19.10.2021, passed by Civil Judge (Jr. Division-I), Solan, District Solan in Civil Suit No. 83/1 of 2019, whereby the right of the present petitioners i.e. defendants No. 1 and 2 before the Trial Court to file written statement has been closed. 2. Heard counsel for the parties. Perused the impugned order and the documents appended alongwith the present petition. 3. It is apt to reproduce order dated 05.10.2021, which reads as under:- “05.10.2021 Present:- Shri U.S. Rana, Ld. Advocate, for plaintiffs. Smt. Sunil Sharma, Ld. ADA for defendants. 2 2025:HHC:27402 Case taken up for proper order. Last opportunity granted to defendants for filing of written statement which is to be filed on or before 19.10.2021, subject to provision Order 8 rule 1 of CPC. File to be tabled on 19.10.2021. Sd/-” 4. When the matter was listed on 19.10.2021, written statement on behalf of the present petitioners No. 1 and 2 (defendants No. 1 and 2) was produced to be filed , however, the same was objected to on behalf of the present respondents/plaintiffs. Therefore, the same was not taken and the right of the petitioners to file written statement was closed. 5. The Apex Court in March, 2020 on account of COVID- 19 had taken suo motu cognizance of the difficulties that were being faced by the litigants with respect to filing of petitions/applications/suits/appeals/ all other quasi proceedings within the period of limitation prescribed under the general law of limitation or under any special laws. 6. In this respect, it would be appropriate to refer to the Apex Court judgment delivered on January 10, 2022, in Suo Motu Writ Petition (C) No. 3 of 2020. 7. Suffice it to state that the period from 15.03.2020 till 28.02.2022, stood excluded for the purpose of limitation as prescribed under any general law or special laws in respect of judicial or quasi judicial proceedings. A further perusal of the said judgment reflects that in cases where limitations would have 3 2025:HHC:27402 expired during the period 15.03.2020 till 28.02.2022, all persons were entitled to a period of limitation of 90 days from 01.03.2022. In the said circumstance, persons/parties like the petitioners, were entitled to a period of 90 days limitation from 01.03.2022 onward. 8. Hence, in view thereof, during the said period, provisions of Order 8 Rule 1 of the CPC would have no applicability. 9. In view of the aforesaid reason, the petition is allowed and the order dated 19.10.2021, passed by Civil Judge (Jr. Division-I), Solan, District Solan in Civil Suit No. 83/1 of 2019, is quashed and set aside. The present petitioners i.e. respondents No. 1 and 2 are permitted to place on record their written statements. The parties are directed to appear before the Court concerned on 29.08.2025. On the said date, written statement on behalf of the present petitioners i.e defendants No. 1 and 2 be filed. No further time shall be granted to file written statement. 10. The petition is disposed of in the aforesaid terms, so also the pending applications, if any. (Bipin Chander Negi) Judge 13th August, 2025 (sanjeev)