GURU NANAK MECHANICAL WORKS Vs. R K DUTTA

JUDGEMENT

(1.) APPELLANT has preferred this Regular First Appeal against the order dated 9. 12. 2006 passed by the Mr. D. C. Anand, Additional District Judge, delhi by which the suit filed by the respondent was decreed under the provisions of Order 8 R. 10 CPC on the failure of the appellant to file the written statement. Learned judge proceeded on the ground that no written statement can be placed on record after 90 days of service of summons on the defendant. In the present case defendant/appellant was served on 6. 5. 2006. Permission of the court was taken while filing the written statement on 25. 8. 2006 which is the mandate of law in case the written statement is to be taken on record on record beyond the period of 90 days.

(2.) AS a short question is involved, with the consent of parties the appeal is taken up for disposal. Brief Facts of the case are:

(3.) WE may note some of the relevant dates. The appellant was duly served with summons on 6. 5. 2006 and appeared in Court on 18. 5. 2006. The case was adjourned to 21. 7. 2006 since the presiding officer was on leave. On 21. 7. 2006, the appellant sought time to file written statement. The case was adjourned to 25. 8. 2006. Appellant was granted time to file written statement within the 90 day period from the date of service i. e. upto 5. 8. 2006. The next date given for admission/denial of documents was 25. 8. 2006. The appellant tendered the written statement on the date when he appeared on 25. 8. 2006 but without any application seeking condonation of delay in filing of the written statement.