S S KANSAL Vs. XVTH ADJ MEERUT

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record.

(2.) Notice was issued to contesting respondent No. 3 on 22nd February, 2008 and office report dated 8th March, 2011 shows that despite notice having been sent to respondent No. 3 by R.P.A.D. (Registered Post with Acknowledgement Due) neither undelivered cover nor acknowledgement has been returned back. Therefore, service on respondent No. 3 is deemed sufficient.

(3.) This is a short matter. The petitioner did not file written statement within time prescribed in Order VIII, Rule 1 of Code of Civil Procedure hence an application was filed for accepting written statement. The Trial Court allowed petitioner-defendant's application and admitted his written statement beyond the time on payment of cost of Rs. 200/- by its order dated 3.2.2003. Being aggrieved, respondent No. 3 filed revision, which has been allowed by the Addl. District Judge on the ground that maximum period of 30 days could not have been extended and the same is mandatory in view of the law laid down by this Court in Waqf Mausooma Syed Husain and another v. Daleep Kumar Jain and others, 2003 51 AllLR 424.