ABDUL QADIR Vs. WAQF TRIBUNAL

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, assisted by Sri Shamim Ahmad, learned counsel appearing for the petitioner. Sri Ashish Singh, learned counsel has appeared for the respondent No. 3. The writ petition is directed against the order dated 14.12.2009 passed by the Civil Judge, (S.D.), Saharanpur accepting the written statement of the respondent No. 3 which was filed much beyond the time prescribed under Order 8 Rule 1 C.P.C.

(2.) The submission of learned counsel for the petitioner is that the written statement was filed after about 6 years of the knowledge of the suit and therefore, it could not have been accepted.

(3.) Order 8 Rule 1 C.P.C. stipulates that a written statement should be filed within 30 days of receiving the summons but where defendant fails to file it within the above time, the Court shall allow him to file it within the extended period not beyond 90 days from the date of the service of the summons.