DILDAR HUSSAIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a revision against the order of the Chief Judge, City Civil Court, permitting the defendant -- the State of Andhra Pradesh -- to file written statement after the time fixed for the purpose had expired.

(2.) The suit was Instituted by the Petitioners on 27-1-1960. After service of notice, the defendant was required to file written statement on or before 10-8-1960. On that date, a request was made on Behalf of the Government to grant further time to file written statement but tills was refused and the case was posted to trial to 24-9-1960. Within a few days thereafter, the defendant made an application for leave to file written statement supported by the affidavit of the Government Pleader setting out the-reasons for the delay in tiling, the written statement. It was alleged in that affidavit inter alia that the written statement could not be filed till then as the subject-matter or the suit pertained to the erstwhile Hyderabad State and the several files pertaining to the defendant-department had to be collected and studied, that many of the files were in Urdu and the Government Pleader was unacquainted with Urdu and that because he was engaged in sessions cases he could not devote time to the preparation of written statement.

(3.) The trial Court taking into consideration the circumstances set out in the affidavit granted the defendant some time to file the written statement, it is this order that is now under revision filed by the aggrieved plaintiffs.