K K RAMASUBRAMANIA RAJ Vs. A MUTHUKRISHNAN

JUDGEMENT

(1.) THE present Civil Revision Petition is directed against the order of the learned Principal District Judge, Virudhunagar District at Srivilliputtur dated 13.10.2005 made in I.A.No.58 of 2005 in O.S.No.159 of 2004.

(2.) THE petitioner has filed the suit against the respondents in O.S.No.159 of 2004 on the file of the Principal District Judge, Virudhunagar at Srivilliputtur claiming a sum of Rs.37,50,833/- and to pay subsequent interest for Rs.35,00,000/- at the rate of 12% per annum till the date of decree and to pay an interest at the rate of 12% interest from the date of decree till the date of payment and for costs. In the said suit, the learned Principal District Judge, Virudhunagar District at Srivilliputtur seems to have adjourned the matter on several occasions for filing written statement by the respondents herein, who are the defendants in the said suit.

(3.) MR.J.Bharathan, learned counsel appearing for the respondents, has contended that though the written statement has to be filed within the time prescribed under the provisions of the Civil Procedure Code, the Court below where the suit is pending may grant time for filing written statement. The learned counsel has further submitted that the Court below has got power to receive written statement even after expiry of 90 days.