EXECUTIVE ENGINEER Vs. SHANKAR PRABHAKAR DALVI

JUDGEMENT

(1.) Rule, made returnable forthwith. Mr. Ramani, the learned counsel for the respondent no.1, who is the only contesting respondent, waives service.

(2.) By this petition, the petitioner (defendant no.1) is challenging the order dated 4/7/2018 passed by the learned trial court whereby an application (Exhibit 10) filed by the petitioner for condonation of delay of 50 days in filing the written statement is dismissed.

(3.) On hearing the learned counsel for the parties and on perusal of the impugned order, I am of the view that the application (Exhibit 10) deserves to be granted. It is now well settled that the period fixed under Rule 1 of Order VIII of C.P.C is directory in nature and in a given case where a party shows sufficient cause, the delay can be condoned. (See the judgment in Kailash vs. Nanhku and others, 2005 4 SCC 480).