KHETA SONS AND CO. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE was issued in this case against an order passed by civil Judge, senior division, Nagpur on August 14, 1981 whereby the trial Court granted further time to the defendants - the State Government and other government servants to file their written statement, inspite of opposition on the part of the plaintiff's counsel. The question in dispute, therefore, revolves around interpretation of Order 27 Rule 5 of the Code of Civil Procedure.

(2.) TO appreciate the contentions of counsel for both the parties, the background of the case needs to be stated summarily as follows.

(3.) THE Roznama of the suit shows that the plaint was presented on December 12, 1980 and after its registration, the suit was placed before the trial Court on December 30, 1980. On this date, the trial Court issued summonses to all the defendants for settlement of issues and it was posted on March 6, 1981. On the very first date of appearance for settlement of issues all the five defendants appeared through the District Government Pleader, Mr. Ghorpade. He also filed an application (ex. 12) for grant of time to file the written statement on behalf of the defendants. The case was then posted to April 7, 1981 when again the district government pleader sought further time to file written statement. The case was then posted to April 28, 1981, June 17, 1981 and July 7, 1981 for filing of written statement at the request of the government pleader. It may be noted that the applications for grant of time to file written statement were opposed by the plaintiff/applicant from time to time. The case was then posted for filing of written statement on August 14, 1981. On this date again the government pleader filed application (ex. 18) for grant of further time to file written statement. This was seriously opposed by the counsel for the plaintiff on similar grounds as on the earlier dates of hearing. On this occasion, the plaintiffs' counsel requested the Court that it should pronounce the judgment under Order 8 Rule 5(2) read with Rule 10 of the Code of Civil Procedure. The learned trial Judge on the same day passed a speaking order rejecting the objection of the plaintiff and allowing the application of the government pleader for further time to file written statement and posted the case to September 1, 1981 for filing of written statement. It is this order dated August 14, 1981 passed below ex. 18 which is impugned by the plaintiff/applicant in this revision application.