M.A. HAKKIM SHAH Vs. BASHEER KHAN

JUDGEMENT

(1.) THE court below by order dated 15.11.2012 referred the parties to mediation and the case was adjourned to 07.03.2013. It was reported on 07.03.2013 that the mediation failed and hence the suit was adjourned to 23.08.2013. The defendant did file the written statement on 23.08.2013 even though it was not strictly within 30 days as enjoined in Order VIII Rule 1 of the Code of Civil Procedure.

(2.) THE Supreme Court in Kailash Vs. Nanhku [ : 2005 (2) KLT 623 (SC)] has held that time can be extended for filing written statement in exceptional circumstances. It has held therein as follows: