S G NARAYANA SWAMY Vs. RAMAKRISHNAPPA

JUDGEMENT

(1.) THIS revision is filed against the order of Civil Judge, (Jr. Dn.)Kolar on I. A. IV, in O. S. No. 70/2002, filed under Section 151 of CPC. The petitioner is defendant in the suit. The respondent filed a suit for permanent injunction against the defendant. The defendant did not file the written statement within the period of 90 days from the date of service of summons and sought for condonation of delay in not filing the written statement. It is submitted that the written statement is also filed along with I. A. IV along with objections to i. A. I, filed regarding temporary injunction.

(2.) THE Trial Court has rejected the request contending that the written statement filed is beyond the period of 90 days. Therefore, dismissed the application. Being aggrieved, the present revision is filed. The present suit is filed prior to the date of amendment Act coming into force ie. w. e. f. 1. 7. 2002. The provisions of Order VIII rules 1, 9 and 10 of Code of Civil Procedure Amendment Act of 2002 are extracted hereunder for convenient reference. 1. Written statement : The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence; provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service summons. 9. Subsequent Pleadings :- No pleading subsequent to the written statement of a defendant other than by way of defence to set off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same. 10. Procedure when party fails to present written statement called for by Court:- Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it think fit and on the pronouncement of such judgment a decree shall be drawn up.

(3.) THE apparent reading of the provisions indicate that the unbridled discretion of the Court in granting time for filing written statement is curtailed and under the amended provisions, time for filing written statement can be extended maximum to a period of 90 days from the date of service of summons. Under Rule 10, when the written statement is not filed, the Court shall pass a judgment against the defaulting party or make such order in relation to the suit as it thinks fit. If the judgment is already pronounced perhaps the remedy available to the defendant shall be to file an appeal or if it is permissible, an application under Order 9 Rule 13, to set aside the decree if it is an exparte decree.