1 2025:CGHC:17433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 799 of 2019 1 - Dr. Bhanu Pratap Singh S/o Shri R.J. Singh Aged About 58 Years Resident Of 31/1165, Dr. Singh Nursing Home, Katora Talab, P.S. Civil Lines, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - M/s Aditya Wires And Nails Deopuri Through Proprietor Dr. Bhanu Pratap Singh Town, Tahsil And District Raipur Chhattisgarh. Resident Of 31/1165, Dr. Singh Nursing Home, Katora Talab , P.S. Civil Lines Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Smt. Pushpalata Singh W/o Dr. Bhanu Pratap Singh Aged About 57 Years Resident Of 31/1165, Dr. Singh Nursing Home, Katora Talab , P.S. Civil Lines Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Smt. Sonbarsha Singh W/o Shri R.J. Singh Aged About 77 Years Resident Of 31/1165, Dr. Singh Nursing Home, Katora Talab , P.S. Civil Lines Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioners versus 1 - Rashtriya Jan Sahyog Avam Balvikas Sansthan (Nipsid) 5, Siri Institutional Area, Hauj Khas, Ministry Of Woman And Child Development, Govt. Of India, New Delhi - 110016, Through Its Officer Incharge., District : New Delhi, Delhi 2 - State Of Chhattisgarh Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh. Through - Principal Secretary., District : Raipur, Chhattisgarh 3 - State Of Chhattisgarh Department Of Woman And Child Development Mantralaya, Mahanadi Bhawan Naya Raipur Chhattisgarh Through SMT NIRMALA RAO -2- Principal Secretary., District : Raipur, Chhattisgarh 4 - State Of Chhattisgarh Through Collector Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - The Commissioner Municipal Corporation , Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 - Zone Commissioner Muncipal Corporation, Zone No. 6 Rawabhatha, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 7 - Shri Rajkumar S/o Late Tahsukh Lal R/o Near Shri Shiv Bajrang Temple, Phool Chowk, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 8 - Shri Sudama S/o Late Mangal Rao R/o Main Road, Deopuri Raipur Chhattisgarh., District : Raipur, Chhattisgarh 9 - Shri Vinod Kumar S/o Late Mangal Rao R/o Main Road , Deopuri, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents ----------------------------------------------------------------------------------------- For Petitioners : Shri Sudhanshu Upadhyay, Advocate holding the brief of Shri Sharad Mishra, Advocate. For Respondent/ State : Shri Pramod Ramteke, P.L. For Respondents No.5 & 6 : Shri Pankaj Agrawal, Advocate. ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.04.2025 1. The petitioners/plaintiffs have challenged the order passed by the learned 12th Additional District Judge, Raipur, in Civil Suit No. 30A of 2018, whereby the written statement filed by defendants No.2 to 6 was taken on record after the expiry of 90 days. 3 2. Learned counsel for the petitioners would submit that according to the provisions of Order 8 Rule 1 of CPC, the written statement could not have been taken on record by the learned Court below after the expiry of 90 days. He would further submit that the provisions of Order 8 Rule 1 of CPC are mandatory in nature. 3. On the other hand, learned counsel for respondents No.5 & 6 would submit that the provisions of Order 8 Rule 1 of CPC are directory in nature as held by the Hon’ble Supreme Court in the matter of Ashok Kumar Kalra v. Wing CRD. Surendra Agnihotri and others, reported in (2020) 2 SCC 394 and Gurdial Singh and others v. Raj Kumar Aneja and others, reported in (2002) 2 SCC 445. 4. Learned counsel for the State would support the contention made by counsel for respondents No.5 & 6. 5. Heard counsel appearing for the parties and perused the documents present on the record. 6. Taking into consideration the fact that the provisions of Order 8 Rule 1 of CPC are directory in nature as held by the Hon’ble Supreme Court in the matter of Ashok Kumar Kalra (supra) and Gurdial Singh (supra), no case is made out for interference. -4- 7. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi