ANTHONY F D SOUZA Vs. JOSEPH BERNARD NAZARE

JUDGEMENT

(1.) HEARD. Rule. Mr. Noronha waives service for the respondent. Rule taken up for hearing forthwith.

(2.) IN Special Civil Suit No.84/2003, the defendant had filed applications at Exhibits 9 and 10, praying to codone the delay in filing the written statement and to accept the written statement which was filed beyond the period of 90 days. By filing say, these applications were opposed by the plaintiff. The learned Civil Judge, Sr. Division, Mapusa by the impugned Order dated 4th June, 2004 was pleased to reject these applications on the two grounds, viz. (a) the provisions of Section 148 of C.P.C. could not be invoked for extension of time to file written statement, and (b) the law laid down by this Court in the following two decisions did not permit extension beyond 90 days.

(3.) IN view of the law laid down by the Division Bench of this Court in the case of Chintaman Sukhdeo Kaklij & ors. vs. Shivaji Bhausaheb Gadhe & ors. (supra), the view taken by the trial Court in the impugned Order is required to be reconsidered by the same Court, and, therefore, it will be necessary to remand the applications at Exhibits 9 and 10 for fresh decision.