WESTERN COALFIELDS LTD Vs. RAJKUMAR

JUDGEMENT

(1.) This is a reference made by the learned Single Judge for a recon: ideration of the view expressed in Menomal V. Gangadhar, 1982 Mah LJ 188 holding that in view of the provisions of Order 8, Rule 5 (2) of the Code of Civil Procedure, no application under Section 151 of the Code is entertaible.

(2.) The defendant, in response of suit summons, had appeared and filed an ap lication for extension of time to file written statement but the same was rejected. The case was then posted for filing of an affidavit by the plaintiffs in suppo t of the plaint allegations. On that day again, the defendant appeared and made an application for time to file written statement, but the same again was rejected. When the defendant then prayed for grant of time to bring stay o der from the High Court, that application was allowed on payment of costs of Rs. 100 and the same were paid the same day. The defendant also filed his written statement with an application that it be taken on record. This application was opposed. The learned trial Court rejected the application and its decision was mainly based on the reported decision of this Court in Menomal's case, 1982 Mah LJ 188, against which order the revision came to be filed in this Court.

(3.) Under similar circumstance and facts when the trial Court had granted permission to the defendant to file written statement and had accepted the same the said order was set aside by this Court (Palsikar, J.) in Menomal's case observing that there being no ex parte order, the provisions of Order 8, Rule S were not attracted. What was further observed was that the Court could not even invoke its inherent powers in such a situation. The material observations of the said decision are :