CENTENARY BAPTISH CHURCH NAKKALAGUTTA HANMKONDA Vs. SHYAMSUNDER

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 25.3.2003 passed by the learned I Additional Senior Civil Judge, Warangal, in LA. No.797 of 2002 in O.S. No.1118 of 2001.

(2.) The first defendant in the suit is the petitioner in LA. No.797 of 2002. He having been set ex parte on 11.9.2002 in the suit for his default in not filing the written statement within time filed the application under Order ,8, Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 ('the Code' for brevity) seeking to set aside the ex parte order and to receive the written statement. The ground alleged inter alia in the affidavit filed in support of the said petition was that there had been a proposal for compromise in the suit and, therefore, he could not file the written statement within time.

(3.) The first respondent-plaintiff resisted that application on the premise that under the amended provisions of Order 8, Rule 1 of the Code, the written statement shall be filed within 30 days from the date of receipt of summons and that after expiry of 90 days therefrom, the Court would cease to have any jurisdiction to extend the time for filing the written statement.