Introduction 

• This is a landmark judgment discussing the circumstance where the delay in filing the written statement is genuine and sufficient.   
• This was delivered by a single judge bench comprising of Justice SN Hussain. 

Facts  

• The petitioners are defendants No. 1 and 5 in a Title Suit filed before the Subordinate Judge-I, Madhubani. 
• The petitioners were granted permission to file their written statement within the specified time. 
• The petitioners failed to file the written statement within the permitted timeframe. 
• Due to their non-compliance, the Court passed an order on 26th November 2002, debarring the petitioners from filing their written statement. 
• The petitioners filed a petition to recall the order dated 26th November 2002, and sought acceptance of their written statement. 
• Petitioner No. 1 (father) was unwell, and petitioner No. 2 (son) was preoccupied with taking care of him, which caused the delay in filing the written statement. 
• The petitioners submitted that the delay was due to genuine and sufficient reasons, specifically the father’s ailment and the son’s predicament. 

Issues Involved  

• Whether the reasons given for delay in filing written statement were sufficient and genuine? 

Observations 

• The Supreme Court held that even when parties are at fault for delay, courts may  condone the delay and show leniency if the reasons for delay are genuine and sufficient. 
• The Court held in this case that the grounds for delay namely ailment of the father and predicament of the son are genuine and reasonable. 
• Finally, the Court accepted the submission that even the issues have not been framed in the suit till date. 
• Thus, the Court held that the petitioners should pay a cost of Rs. 2,000 failing which the suit will proceed without written statement. 
• Thus, the Court in this case showed leniency and allowed the filing of written statement on the ground of the health of the petitioner and subsequent predicament accompanied with it.

Conclusion

• This is the landmark judgment where the Supreme Court discussed the circumstance where delay in filing the written statement. 
• This case demonstrates the court's balanced approach between procedural discipline and substantial justice, allowing procedural lapses to be cured with reasonable conditions.