RAOJEE SHIVRAM RANE Vs. LAXMI JAYA SHETTY

JUDGEMENT

(1.) Rule made returnable forthwith. The learned counsel for the respondent waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the order dated 15/3/2015 (below Exhibit 9) passed by the learned Senior Civil Judge at Vasco in Special Civil Suit No.10/2017/A. By the impugned order, the learned trial court has dismissed application (Exhibit 9) filed by the petitioner/defendant for permission to file written statement beyond the period of 90 days.

(3.) The aforesaid suit is filed by the respondents against the petitioner, for recovery of money. In the suit summons was issued on 21/7/2017 which was returnable on 23/8/2017. On that day, the suit came to be adjourned to 27/10/2017 for report of service of summons. On 27/10/2017, the petitioner entered appearance through his advocate and filed an application for extension of time to file the written statement, which was granted by the learned trial court directing the petitioner to file the written statement, "within the statutory period" and the suit was adjourned to 12/1/2018 for production and inspection of documents and for framing of issues. On 12/1/2018, the issues were not framed and the suit was adjourned to 9/2/2018 for production and inspection of documents. On that day, the petitioner again sought time to file written statement which application was dismissed and the suit was adjourned to 7/3/2018. The statutory period of 90 days to file the written statement, expired on 21/11/2017. The petitioner filed the application (Exhibit 9) for permission to file the written statement on 9/7/2018, which was opposed on behalf of the respondent. The learned trial court by the impugned order has dismissed the said application.