CHELIMILLA CHINNA VENKATASWAMY Vs. BILLAPURAM GOPALA KRISHNA

JUDGEMENT

(1.) THIS C.R.P. has been filed challenging the order dated 26.06.2014 passed in C.F.R.No.307 of 2014 in O.S.No.102 of 2013 by the Junior Civil Judge, Atmakur.

(2.) THE petitioners herein are the defendants in the suit. The brief facts of the case are that the petitioners received summons on 05.12.2013. On 31.12.2013, counsel for the petitioners filed vakalat and requested time to file written statement. The case was adjourned to 03.01.2014 and from that date to 03.02.2014 and lastly to 06.03.2014, i.e., the 90th day for filing the written statement. On the 90th day also, the defendants did not file written statement, but their counsel sought further time. The Court below, without acceding to the request of the counsel for the defendants, forfeited the right of the defendants to file the written statement. Then the defendants filed a petition to set aside the order dated 06.03.2014 and to permit them to file the written statement, which has been dismissed vide impugned order.

(3.) ON the other hand, learned counsel for the respondents herein/plaintiffs submitted that the defendants have not filed the written statement within the stipulated time even after taking adjournments on three occasions and that they ought to have filed an application assigning valid reasons on 06.03.2014 and since they have failed to do so, the Court below rightly dismissed the petition and that there are no grounds to interfere with the reasoned order passed by the Court below. Order VIII Rule 1 C.P.C. is as follows: -