UJAWALA ATHARE Vs. ASHA RAVINDRA PARANJAPE

JUDGEMENT

(1.) Rule, returnable forthwith. Respondents waive service. By consent, taken, up for hearing and final disposal

(2.) On 14th February, 2002 the Respondent instituted a suit in the Court of Small Causes at Pune against the Petitioner for the recovery of arrears of rent and for possession of immovable property bearing Block No. 1 situated on the ground floor of a bungalow on Plot no. 94 of Shri Shivaji Co-op. Housing Society, Off Senapati Bapat road, Pune. The summons in the suit was served on 4th March, 2002. The date fixed for filing the written statement in the suit was 9th July, 2002. On that date, the Trial Judge passed an order of "no written statement" and directed that the suit shall proceed without a written statement. The suit was adjourned to 23rd July, 2002. On 24th July, 20o2 an application was filed on behalf of the Petitioner for setting aside the no written statement order that had been passed on 9th July, 2002. The Respondent objected to the application in a reply dared 3rd september, 2002. By the impugned order dated 22nd January, 2003, the Trial Judge dismissed the application. The learned Trial Judge held that upon the amendment effected by Parliament to the provisions of Order 8 Rule 1 of the Code of Civil Procedure the discretion of the Court to accept a written statement filed after a period of 90 days of the service of summons in a suit had been taken away. In the circumstances, the application was dismissed.

(3.) The controversy which has been raised in these proceedings rums on the question as to whether the amended provisions of Order 8 rule 1 of the Code would apply to a situation such as the present where the suit had been instituted prior to the Amending Act of 2002 which came into force on 1 July, 2002. Parliament enacted the Code of Civil Procedure (Amendment) Act, 1999 on 30th December, 1999. The Act was, however, not brought into force since, in pursuance of the provisions of Section 1 (2) no notification was issued by the Central government bringing into force the previsions of the Amending Act. Subsequently, Parliament enacted the Code of Civil Procedure (Amendment) Act 2002. The Statement of Objects and Reasons of the amending Act of 2002 took note of the fact that after the Amending act of 1999 was enacted and before action could be initiated for me enforcement of the Act, the Bar Council of India and various Bar associations had called upon the Government to have a fresh look at various provisions which could cause hardship to litigants. Accordingly after the Government had reconsidered the matter parliament enacted the Amending Act of 2002. The Amending Act of 2002 was brought into force with effect from 1st July, 2002. Before the Amending Act of 2002 was enacted Parliament had already enacted the Amending Act of 1999 though it had not been brought into force. As the provisions of the Amending Act of 2o02 would demonstrate Parliament has in certain instances amended the principal provisions contained in the Code of Civil Procedure 1908 while, in other cases, the provisions of the Code as substituted by the Amending act of 1999 have been amended or modified.