MOHAMMED ANWAR Vs. SABIR

JUDGEMENT

(1.) THIS writ appeal is filed against the order dated 8. 1. 2004 passed in W. P. . 43050/2003 wherein the learned single judge set aside the order dated 5. 8. 2003 passed in O. S. 11308/94 and directed the Trial Judge to accept the written statement filed by the respondents and decide the case expeditiously.

(2.) THE learned Counsel for the appellants submits that the respondents- defendants filed written statement 9 years after the date of service of summons in the partition suit. As per the amendment to the C. P. C. . , written statement has to be filed within 90 days, and therefore, the learned single judge has erred in reversing the order of the Trial Court. Therefore, he prays for setting aside the impugned order.

(3.) WE have heard the learned Counsel for the appellants and perused the material on record.