VISHAL Vs. SANJAY KUMAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the order dtd. 18/3/2017, passed by the learned Civil Judge in CS 61825/2016 (Sanjay Kumar v. Vishal @ Goldi), and order dtd. 14/12/2018, whereby an application of the petitioner seeking review of the order dtd. 18/3/2017 was dismissed.

(2.) The order dtd. 18/3/2017 rejects an application filed by the petitioner, as the defendant in CS 61825/2016 ("the suit", hereinafter), for condonation of the delay in filing the written statement in response to the suit instituted by the Respondent.

(3.) As the order dtd. 18/3/2017 notes, summons, in the suit, were served on the petitioner on 19/10/2016. The period of 30 days, within which, as per Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), written statement could be filed, would, therefore, expire on or around 19/11/2016. The written statement came to be filed on 3/1/2017, approximately a month and half after the expiry of the said period, but well within the maximum condonable period of 90 days stipulated in that regard by Order VIII Rule 1.