USHA KAPUR Vs. KAVITA KAPUR

JUDGEMENT

(1.) This application seeks extension of time for presentation of the written statement. The defendant was served with the summons of this Court on 14.10.2005. The written statement is filed on 6.3.2006, i.e., nearly 40 days after the expiry of 90 days of the service of summons. The written statement is accompanied by a counter-claim.

(2.) Order 8 Rule 1 of the Code of Civil Procedure (in short 'CPC') requires the defendant to file his written statement within 30 days from the date of service of summons, it can be enlarged on reasons to be recorded in writing but such filing shall not be later than 90 days from the date of service of summons. Section 148 of the CPC further prescribes that where any period is fixed or granted by the Court for doing any act prescribed or allowed by this Code, the Court may, in its discretion from time-to-time, enlarge such period not exceeding thirty days even though the period originally fixed or granted may have expired.

(3.) The Supreme Court examined the scope of further extension of time and in the case of Kailash v. Nanhku & Ors. reported as III (2005) SLT 634=11 (2005) CLT 182 (SC)= AIR 2005 SC 2441, laid down the following law: