RAJ KUMAR @ KALLU Vs. GYAN CHANDRA

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, by the petitioner, defendant in the suit, challenges the order passed by the Revisional Court dated 14th March, 2005 whereby the revision filed by the petitioner was dismissed by the Revisional Court against the order passed by the Trial Court dated 3rd February, 2005. The brief facts are that the petitioner -defendant did not file his written statement within 90 days of the service of summons which was made on 2nd March, 2003. Thus written statement could not be filed by the petitioner within 90 days as contemplated under Order VIII, Rule 1 of Code of Civil Procedure. The petitioner preferred an application 12 -Ga for extension of time for filing written statement. The Trial Court by the order impugned dated 3rd February 2005 rejected this application 12 -Ga and closed the rights of the petitioner to file written statement. Aggrieved thereby the petitioner preferred a revision before the Revisional Court. The Revisional Court relying upon the decisions of this Court in the cases of Sunder Lal Verma v. Ranvir Rana : 2005 (1) ARC 175, Nanhku v. Kailash and others, 2004 (2) ARC 779 and Nanda Agrawal v. Matri Mandir Varanasi and others : 2004 (2) ARC 598 wherein this Court has held that in view of amended provisions of Order VIII, Rule 1 of C.P.C. extension of time beyond maximum period of 90 days cannot be extended.

(2.) LEARNED Counsel for the petitioner has relied upon the decision of the Apex Court in the case of Kailash v. Nanhku and others : 2005 (1) ARC 861, wherein the Apex Court has held that amended provisions of Order VIII, Rule 1 of C.P.C. do not foreclose the rights to file written statement for all times to come. It is stated that in exceptional circumstances of the case the Court has power to extend the period for filing written statement even beyond 90 days.