LAWS(DLH)-2005-12-71

PREM LATA Vs. RAJENDER SONI

Decided On December 08, 2005
PREM LATA Appellant
V/S
RAJENDER SONI Respondents

JUDGEMENT

(1.) By this order, I would dispose of two applications, one filed by the plaintiffs under Order 8 Rule 10 of the Code of Civil Procedure (hereinafter referred to as 'the Code) being IA No. 5981/2004 as the defendant did not file the written statement within the time granted for that purpose under the Code and/or by the orders of the Court, while the other application being IA 1103/2005 filed by the defendant under Section 151 of the Code read with Section 5 of the Limitation Act praying for condonation of delay in filing the written statement in pursuance to the order of the Court dated 7.4.2004 and for taking the written statement filed on record.

(2.) The plaintiffs filed a suit for partition, rendition of accounts, declaration, permanent and mandatory injunction. The plaintiffs and the defendant are relations and the prayer in the present suit relates to passing of a decree for partition holding and declaring that the plaintiffs and the defendant are owners of the entire estate of late Sh. O.P. Soni to the extent of l/5th share and for passing of a decree in relation to property No. A-8/22, DLF City, Ph.I, Gurgaon.

(3.) The defendant was served in the suit and vide order dated 7.4.2004, he was granted two weeks' time to file written statement. Vide order dated 6th August. 2004, further time was granted to the defendant to file the written statement during the course of the week and replication was to be filed within four weeks thereafter. An application under Order 8 Rule 10 of the Code being IA 5981/ 2004 was filed on which notice was issued to the defendant vide order dated 14.9.2004 vide order dated 3rd May, 2005, the defendant was directed to file an affidavit giving complete information in relation to the questions which have been referred to in that order. The written statement in the case was filed on 1st October, 2004 to which till date no replication has been filed.