JITENDRA MOHAN GUPTA Vs. GANGA DUTT BHARDWAJ

JUDGEMENT

(1.) This petition is directed against the order dated 19th May, 2004 passed by the Additional District Judge, Delhi in Suit No. 80/2002 dismissing the application of the petitioner under Order 8 Rule 10, Civil Procedure Code.

(2.) Briefly stated facts of this case are that the petitioner had filed a suit against the respondent for recovery of damages of Rs. 11,00,000/-. The respondent had failed to file the written statement within 90 days in terms of the amendment in Order 8, Civil Procedure Code. The petitioner filed an application under Order 8 Rule 10, Civil Procedure Code for pronouncement of judgment, which was dismissed by the Trial Court. Hence the present petition.

(3.) Counsel for the respondent raised a preliminary objection with regard to maintainability of present revision petition.