SAVITHA GUPTA Vs. NAGARATHA

JUDGEMENT

(1.) THE defendant has preferred this revision petition against the order dated 26-2-2003 passed in O. S. 2053/2002. By the impugned order, the Court below has refused to entertain the written statement which was filed beyond the period prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908.

(2.) THE suit is one for ejectment of the defendant from the suit schedule premises. It was filed on 1-4-2002. On 5-4-2002 summons were directed to be issued to the defendant through court and by RPAD returnable by 2-7-2002. The order dated 2-7-2002 of the Court below shows that the summons were served and the defendant appeared through an Advocate. Though under the amended Order VIII Rule 1 the defendant was required to file written statement within one month of service of summons, she failed to do so. She did not make any prayer even for extending the time which could have been upto 90 days under proviso to the said rule. The case was accordingly posted for evidence of the plaintiff. On 4-2-2003 the plaintiff filed an affidavited Examination-in-chief. The case was posted to 22-2-2003 for cross-examination of P. W. 1. Though P. W. 1 was present for cross-examination on that day, he was not examined. The case was again posted to 26-2-2003 on which date P. W. 1 appeared, but the counsel for the defendant remained absent. Later on in the day, the Advocate for defendant filed an I. A. I. under S. 151 with the Written statement and the documents of the defendant. The Court below rejected the I. A. and refused to entertain the written statement on the ground that it was filed beyond the time prescribed under the provisions of the amended C. P. C.

(3.) ORDER VIII Rule 1 C. P. C. as amended by Act 46/1999 reads as under :