DHARAM RAJ Vs. JAI KISHAN

JUDGEMENT

(1.) C.R.P. 79/2022 and CM APPL.25680/2022 (stay), CM APPL.25681/2022 (for condonation of delay of 720 days) Present revision petition has been filed against the impugned order dtd. 17/2/2020, whereby, an application of the petitioner for taking the written statement on record was dismissed with costs of Rs.10,000.00

(2.) Learned Trial Court also passed a direction that the payment of cost of Rs.10,000.00 is a pre-requisite for his further participation in the case. The impugned order itself is self-explanatory and reveals that in the suit bearing CS No.27/2017 instituted in the year 2017, the defendant/petitioner admittedly was served in April 2017 and no written statement was filed within the prescribed period of 90 days. It is also an admitted case that on account of non-filing of the written statement, the defence of the defendant/petitioner was struck off. An application " Annexure - P3 was moved only on 17/2/2020, which was dismissed by the learned Trial Court inter alia on the ground that the defendant/petitioner was admittedly served in April 2017 and appearance had also been made on behalf of the defendant/petitioner. The defendant/petitioner had taken a plea that as he was suffering from depression, the written statement could not be filed. Learned Trial Court noted that the grounds stated in the application were not supported with medical documents regarding the defendant/petitioner being under depression during the relevant period. Though the limitation period for filing a revision petition is 90 days, the present petition has been filed after more than two years of the impugned order. Along with the petition, an application for condonation of delay has been moved primarily on the ground that the first order dtd. 23/3/2020 of the Hon'ble Supreme Court in Cognizance for Extension of Limitation, In Re Suo Moto W.P.(C) No.3/2020, inter alia, held as under:-

(3.) The period of limitation was further extended up till 28/2/2022 vide order dtd. 10/1/2022 in the case titled Cognizance for Extension of Limitation, In Re Suo Moto: (2022) 3 SCC 117. Thus the limitation was exempted only w.e.f; 23/3/2020, whereas the present order is of 17/2/2020. Be that as it may be, I have examined the petition on merits also.