LAWS(MPH)-2010-9-21

SHIVKUMAR YADAV Vs. UJJAIN PARASPAR SAHAKARI BANK MYDT

Decided On September 15, 2010
SHIVKUMARYADAV Appellant
V/S
UJJAIN PARASPAR SAHAKARI BANK MYDT. Respondents

JUDGEMENT

(1.) BEING aggrieved with the order dated 10.8.2010 passed in Case No. 80-A-20/09 by the Jt. Registrar Cooperative Socieites, Ujjain, the applicant has preferred this revision u/s. 77 (14) of M.P. Cooperative Societies Act, 1960 for short, ('the Act').

(2.) BRIEF facts giving rise to this revision are that the non-applicant filed a dispute u/s. 64 of the Act for the recovery of Rs. 74,35,987/- against the applicant. Notice of the dispute was served upon the applicant on 16.1.2009 and the case was fixed on 3.2.2009. But, on 3.2.2009, inspite of service of the notice, the applicant did not appear before the Court and the case was adjourned. On 8.5.2009, the lower Court proceeded ex-parte against the applicant and the case was fixed on 22.6.2009. On 22.6.2009 the applicant filed an application under Order 9 Rule 7 CPC, to set aside the ex-parte order passed against the applicant. The same was allowed vide order dated 15.10.2009 and the case was fixed for filing written statement. The applicant sought time again and again to file written statement. The case was further adjourned on the request of the applicant for 6.11.2009, 9.11.2009 and 4.12.2009, but the applicant did not file written statement and again sought adjournment. However, trial Court on 4.12.2009 granted adjournment as a last chance on the request of the applicant with the direction that if he fails to comply with the order of the Court his right for filing written statement will be closed and for this the case was fixed for 4.1.2010. On 4.1.2010, instead of filing written statement the applicant again requested the Court to adjourn the case. Court disallowed the prayer of the applicant and passed the impugned order. Hence, this Revision Petition.

(3.) ORDER 8 of the Code of Civil Procedure Code, 1908 provides for Written Statement. ORDER 8 Rule 1 is reproduced hereunder :- "The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence." Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as many be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.