RAJARAM BANDEKAR Vs. COMMUNIDADE OF SIRSAIM

JUDGEMENT

(1.) HEARD Diniz for the petitioner and Mr. Narvekar for the respondent. Rule. By consent heard forthwith.

(2.) BY this petition, the petitioner challenges an order dated 29. 4. 2008, passed by the Civil Judge, Jr. Division, Bicholim in Regular Civil Suit No. 27/2007/c, by which the application filed by the petitioner, seeking extension of time to file written statement has been dismissed.

(3.) THE respondent-plaintiff filed the above suit against Shri Rajaram Bandekar for declaration and other consequential reliefs. The petitioner, the son of the deceased was served with the notice. The petitioner pointed out to the Court that the original defendant, his father had expired on 25. 6. 02 and, therefore, the suit was not maintainable. The respondent-plaintiff filed an application to bring the petitioner herein as the legal representative of the deceased defendant, on record, which was allowed on 15. 1. 08 and the plaintiff was granted time of one week to bring the petitioner on record. Thereafter, on 29. 2. 2008, the petitioner filed an application under Order 7, Rule 11 of the Code of Civil Procedure which was opposed by the respondent-plaintiff. The trial Court passed an order dated 11. 4. 2008, dismissing the application. On 29. 4. 2008, the petitioner herein sought leave to file written statement within a period of 4 weeks, on the ground that he wanted to take inspection of the documents filed by the plaintiff. The prayer was opposed by the respondent and the trial Court, by the impugned order 29. 4. 2008 rejected the application on the ground that the petitioner had sufficient time to inspect the documents.