RAJENDRA TIWARI Vs. SUSHILA BAI

JUDGEMENT

(1.) Defendants taking exception to the impugned order dated 10.07.2018 has approached this Court with a grievance that written statement filed along with an application under Order 9 Rule 7 CPC has not been taken on record though ex- parte proceedings are set aside, merely on the ground that the written statement was filed beyond 90 days from the date of service of summons.

(2.) It is submitted that the trial Court on one side has set aside the ex-parte proceedings and on the other side has taken hyper technical view while declining to take the written statement on record. It is submitted that such recourse of learned trial Court is apparently beyond jurisdiction and resulting into miscarriage of justice.

(3.) Per contra, Shri Garg opposes the petition supporting the impugned order.