DUGGE VENKATAIAH Vs. BELLAMKONDA MERI DHANAMMA

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 18.02.2011, in I.A. No. 728 of 2010 in O.S. No. 137 of 2010 on the file of the learned Principal Junior Civil Judge, Miryalaguda.

(2.) The Petitioners are the Defendants in the suit filed by the Respondent for perpetual injunction. The suit summons were served on the Petitioners on 31.07.2010. The Petitioners filed a detailed counter affidavit in the IA filed by the Respondent for temporary injunction on 06.08.2010. Even though the Petitioners were required to file the written statement within 90 days of service of summons as envisaged in Order VIII Rule 1 of Code of Civil Procedure, they have failed to file the written statement within the stipulated time and as such, their right to file the written statement was forfeited on 21.12.2010. Therefore, the Petitioners filed I.A. No. 728 of 2010 under Section 151 Code of Civil Procedure to receive the written statement. The trial Court on considering the rival pleas of the parties rejected the said application by the order under revision.

(3.) A perusal of the impugned order shows that the trial Court has observed that the reasons put forth by the Petitioners, namely, that Petitioner No. 1 fell ill due to jaundice in the 2nd week of November, 2010 and Petitioner No. 2 joined as teacher on 04.11.2010, are not supported by any documentary evicence. The trial Court also observed that the Petitioners did not assign any reason or cause for non-submission of the written statement prior to the month of November or at least till 21.12.2010.