MIRZA LIYAQUATH HUSSAIN Vs. G SRINIVAS GOUD

JUDGEMENT

(1.) The respondent filed O.S.No.3297 of 2004 in the Court of VII Senior Civil Judge, City Civil Court, Hyderabad, against the petitioner, for the relief of eviction from the suit schedule premises and recovery of mesne profits. The petitioner entered appearance, and filed I.A.No.13 of 2005, seeking permission of the Court to file written statement, since 30 days time, stipulated under Rule 1 of Order 8 C.P.C. expired. The trial Court rejected the same, through its order dated 4-3-2005. Hence, this revision.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) The trial Court took the view that the written statement was presented to it, beyond 90 days, and as such, it cannot be received. It also took note of the fact that the petitioner had knowledge of the pendency of the suit, inasmuch as he has received notice in an application filed underOrder38 Rule 5 C.P.C. and that he was not diligent in filing the written statement, promptly.