VINAY KUMAR Vs. SMT. VARSHA

JUDGEMENT

(1.) In view of the averments made in the application, we recall the order dated 29 August 2017 and substitute it by the following order:-

(2.) The sole ground to challenge the said order is that the court below has permitted the respondent to file the written statement in violation of Order 8, Rule 1 of the Code of Civil Procedure, 1908 CPC which prescribes the 1 The Act 2 CPC time limit to be 30 days and thereafter for another 60 days with the permission of the Court, in all 90 days. Order VIII Rule 1 CPC reads as under:

(3.) The record reveals that the petition for divorce was filed by the appellant-husband on 10 November 2014 on the ground of desertion and cruelty. The respondent-wife appeared before the Court below for the first time on 11 April 2015 after service of summons as per the order sheet. The permission to file the written statement by the respondent-wife on 31 May 2017, which if calculated from the date of service upon her, would be treated to have been granted after eight months and one day after the service of summons. As per the provision under Order 8, Rule 1 of C.P.C. the time prescribed to file written statement is only 30 days and thereafter with the permission of the Court another 60 days from the service of summons. Hence, there is no denying the fact that the written statement has been permitted to be filed by the lower court beyond the prescribed time limit.