C S RAVISHANKAR Vs. SHOBHA RANI

JUDGEMENT

(1.) THOUGH this matter is posted for orders, by the consent of learned counsels for the parties, it is taken up for final hearing.

(2.) THE petitioner has called in question the order passed by the Civil judge (Senior Division), Kolar (for short, 'trial Court'), dated 21-6-2004, whereby the Trial Court has refused to take on record the written statement filed by the petitioner on the ground that it was filed beyond ninety days from the date of service of summons.

(3.) THE respondent herein instituted a suit as an indigent person under Order 33, Rule 1 of the Code of Civil Procedure ("cpc" for short ). By the order dated 18-3-2004 the Trial Court allowed him to sue as an indigent person. It is stated that after allowing the application to sue as an indigent person, the matter was posted on 12-4-2004 for filing the written statement. On that day, since the Presiding Officer was on leave, the matter was again posted on 21-6-2004. In the meantime, on 27-5-2004 the defendant filed the written statement in the office. However, the Trial Court by its order dated 21-6-2004 has refused to accept the written statement on the ground that it was filed beyond 90 days as provided under Order 8, Rule 1 of the CPC.