U CHANDRAPRAKASAM Vs. S KRISHNAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 21.09.2005 in I.A.No.5757 of 2005 in O.S.No.5269 of 2004 on the file of V Assistant Judge, City Civil Court, Chennai.

(2.) THE suit in O.S.No.5269 of 2004 has been preferred by the respondents praying for a decree of permanent injunction restraining the revision petitioners, their men and servants from trespassing or constructing any superstructure in the suit property. In the said suit, the petitioners have entered appearance. However, written statement was not filed on time and as such, they were set ex parte on 31.01.2005.

(3.) IN the counter affidavit filed on behalf of the respondents, it was their contention that the matter was periodically adjourned for the purpose of filing written statement. On 31.01.2005, there was no representation on behalf of the petitioners and as such, the learned trial Judge had no other option than to declare the petitioners ex parte. According to the respondents, as per the amended provisions of the Civil Procedure Code, written statement has to be filed within ninety days and since the petitioners failed to file the written statement within the time granted by the statute, the learned trial Judge was justified in passing the order declaring them ex parte.