SHAIKH SALIM HAJI ABDUL KHAYUMSAB Vs. KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Both the appeals involve identical issues except that appellant Shaikh Salim Haji Abdul Khayumsab was respondent No. 15 in the suit and appellant Kanti Lal was defendant No.1.

(3.) Challenge in these appeals is to judgment rendered by a learned single Judge of the Bombay High Court in WP Nos. 2500 and 2501 of 2004. The Writ Petitions filed by the present appellants were dismissed by learned single Judge holding that the trial court was right in its view that there was no scope for granting extension of time beyond the period of 90 days to file the written statement, in view of the amendment to the Code of Civil Procedure, 1908 (in short the CPC) by Civil Procedure Code (Amendment) Act, 1999 (in short the 1999 Amendment Act). Factual background needs to be noted in brief.