SHAM KAPOOR Vs. SURAJ PRAKAS KAPOOR

JUDGEMENT

(1.) Instant appeal arises out of an order dated 29.8.2003 passed by learned Single Judge dismissing an application under Section 148 read with Section 151 CPC seeking enlargement of time for filing written statement, made on behalf of appellant-defendant No.6.

(2.) Subhash Kapoor, respondent No.9(plaintiff), filed a suit for partition, possession and mesne profits in respect of properties detailed in the plaint, on 2nd of May, 1997 impleading the appellant and eight others, being brothers and sisters, as defendants. Appellant, apart from other defendants, was served with summons of the suit for 23rd of October, 1997. The appellant-defendant caused appearance, through his counsel, on 28th of February, 1998 when four weeks' time was granted to him to file his written statement. No written statement was, however, filed by him within that time-frame and instead an application, being IA.No.7538/98, under Order VII Rule 11 CPC, was filed on his behalf seeking rejection of plaint. This application was, however, rejected on 5th of October, 1998 with liberty to the appellant-defendant to take up the plea raised in the application in his written statement. The appellant-defendant inspite of grant of time on numerous occasions to file his written statement, failed to file the same. Lastly, on 6th of February, 2003, further time was granted to the appellant-defendant to file his written statement within ten days with the condition that on his failure to do so, his right to file the written statement would stand closed. The appellant-defendant again failed to file his written statement within the time so granted. It was only on 27th of May, 2003 that he sought to file his written statement with an application, being IA.No.8910/03 under Sections 148 & 151 CPC, seeking extension of time to file the same. Reason for enlargement of time to file his written statement, as disclosed in the application, was that the appellant-defendant has been suffering from a number of ailments and is, thus, unable to act on his own and needs constant help from others. It is added that on account of this handicap, after demise of his previous counsel, Shri Ravi Kher, Advocate, he could not find a suitable replacement to his personal satisfaction, which resulted in failing to file his written statement within the time granted by the learned Single Judge. He, accordingly, sought extension of time beyond ten days, as granted on 6th of February, 2003, and prayed for admitting his written statement, filed with the application, on record.

(3.) The learned Single Judge, noticing that the appellant-defendant had failed to file his written statement over a period of more than six years in spite of numerous opportunities granted for the purpose, declined extension of time and, consequently, disallowed the appellant's prayer for taking his written statement on record.