ABDUL NAZAR Vs. MARIAM BEEVI

JUDGEMENT

(1.) Writ Petition is filed by the plaintiff against the order passed in I.A. No. 3737/2004 in O.S. No. 576/2003 on the file of the Principal Sub Court, Thiruvananthapuram. By the impugned order Ext.P-3, the Court below allowed the application filed by the respondents for accepting the written statement after setting aside the ex parte order passed against the respondents.

(2.) The Suit itself was for recovery of an amount of Rs. 2,20,000/- with interest alleged to have been due from the defendants -- respondents. Now the learned counsel appearing for the petitioner submits that Ext.P-3 does not contain any reason for allowing the application for accepting the written statement after setting aside the ex parte order beyond the period prescribed under Order IX, Rule 7 of the Code of Civil Procedure. Further it is submitted that once the Court below had exercised the same jurisdiction and set aside an ex parte order passed against the respondents and in that circumstances, the application now filed by the respondents is liable to be dismissed. The learned counsel further submits that as per Order VIII, Rule 1 C.P.C., the maximum period for filing the written statement is 90 days.

(3.) Order VIII, Rule 1 of Code of Civil Procedure deals with written statement, which reads as follows: