2025:JHHC:35622 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 1090 of 2024 1. Om Prakash Singh, s/o Late Jagdish Singh, Age 53 years, 2. Shilpa Kumari, w/o Prabhat Singh, Age 28 years, Both 1 & 2 r/o village Karso, PO & PS Barhi, District Hazaribag. ..... .... Petitioners Versus 1. Ved Prakash Singh, s/o Late Jagdish Singh, r/o village Karso, PO & PS Barhi, District Hazaribag. 2. Asha Devi, w/o Jugeshwar Singh, d/o Late Jagdish Singh, r/o village Pipra, PO & PS Rajpur, District Chatra. 3. Usha Devi, w/o Basant Narayan Singh, d/o Late Jagdish Singh, r/o village Kanha Kalan (Kanhachatti), PO & PS Rajpur, District Chatra. 4. Premlata Devi, w/o Late Devendar Singh, d/o Late Jagdish Singh, r/o Jhumari Telaiya, Near Purnima Cinema Hall, PO & PS Jhumari Telaiya, District Koderma. 5. Ram Narayan Singh, s/o Mohan Singh, 6. Saryu Singh, s/o Mohan Singh, Both 5 & 6 r/o village Karso, PO & PS Barhi, District Hazaribag. 7. Kausalaya Devi, w/o Gangadhar Singh, d/o Late Chhatradhari Singh, r/o Kathkamsandi, PO & PS Kathkamsandi, District Hazaribagh. 8. Mahendra Singh, s/o Late Chhatradhari Singh, 9. Dhirendra Singh, s/o Late Chhatradhari Singh, 10. Rajendra Singh, s/o Late Chhatradhari Singh, 11. Balram Singh, s/o Late Chetlal Singh, 8 to 11 r/o village Karso, PO & PS Barhi, District Hazaribag. 12. Shakuntala Devi, w/o Upendra Singh, d/o Late Chetlal Singh, r/o village Kanha Kala, PO & PS Rajpur, District Chatra. 13. Savitri Devi, w/o Karu Singh, d/o Late Chetlal Singh, r/o village Tonatand, PO & PS Itkhori, District Chatra. 14. Sukhdeo Singh, s/o Late Tilak Singh, 15. Prabhu Singh, s/o Late Tilak Singh, 16. Shankar Singh, s/o Late Tilak Singh, 14 to 16 r/o village Karso, PO & PS Barhi, District Hazaribag. 17. Kaili Devi, w/o Dineshwar Singh, d/o Late Tilak Singh, r/o village Garwa, PO Barhi, PS Padma(OP), Barhi, District Hazaribag. 18. Naresh Singh, s/o Mishri Singh (Mother Late Sudha Devi). 19. Santosh Singh, s/o Mishri Singh (Mother Late Sudha Devi), 20. Manish Singh, s/o Mishri Singh (Mother Late Sudha Devi), 21. Manjeet Singh, s/o Mishri Singh (Mother Late Sudha Devi), 18 to 21 r/o village Kanha Kala, PO & PS Rajpur, District Chatra. 22. Birendra Singh, s/o Late Todan Singh, r/o village Karso, PO & PS Barhi, District Hazaribag. 23. Saroj Devi, w/o Shambhu Singh, d/o Late Todan Singh, r/o village Matgada, PO & PS Rajpur. District Chatra, 24. Devanti Devi, w/o Late Kuldeep Singh, d/o Late Todan Singh, r/o village Nimadih, PO & PS Charhi, District Hazaribagh. 25. Nageshwar Singh, 26. Dwarika Singh, 2025:JHHC:35622 27. Satyendra Singh @ Indradeo Singh, 25 to 27 s/o Chhatu Singh, r/o village Karso, PO & PS Barhi, District Hazaribag. … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Yogesh Modi, Advocate Mr. Anam Iqbal, Advocate For the Opposite Parties : ------ Order No. 08 / Dated : 27.11.2025. 1. Petitioners are the contesting defendant nos. 1 and 25 in Original (Partition) Suit No. 155/ 2022 and are aggrieved by the order dated 17.08.2024, whereby the leave of the Court to accept the written statement after the statutory period has been rejected. 2. It is submitted by the learned counsel on behalf of the petitioners that Order VIII Rule 1 of the CPC is not mandatory, rather directory in nature in view of the ratio laid down by the Hon’ble Apex Court in (2005) 4 SCC 480 (Kailash Vs. Nanhku & Ors.) and (2005) 6 SCC 344 (Salem Advocate Bar Association T.N. Vs. Union of India). 3. It is contended that no prejudice will be caused to the defence, as the suit was filed on 20.12.2022 and their appearance were completed on 09.05.2024 and the impugned order has been passed on 17.08.2024. Other defendants have also not filed the written statement and consequently, the issue has not been framed. 4. In this case, earlier notices were issued on the plaintiffs/ opposite party nos. 1 to 4, but none have appeared and consequently, the instant civil miscellaneous petition is being heard ex-parte. 5. Considering the grounds taken and the stage of trial, I find merit and substance in the submission on behalf of the petitioners that the plaintiffs will not be prejudiced by accepting the written statement at this stage. 6. Under the circumstances, the impugned order is set aside. Civil miscellaneous petition is allowed with a direction to accept the written statement filed by the petitioners, subject to payment to cost of Rs. 5,000/- to plaintiffs. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ - 03.12.2025