JAYANTA PAUL Vs. DILIP DEBNATH

JUDGEMENT

(1.) This petition is directed against the order dated 13.08.2015 whereby the learned executing Court has dismissed the objections filed by the petitioner under Section 47 of the Code of Civil Procedure.

(2.) The undisputed facts are that the decree holder respondent herein filed a suit against the judgment debtor (petitioner herein) for recovery of Rs.1,00,000/-. This suit was filed on 22.07.2011 and notices were issued to the defendant. The notices were served upon the defendant prior to 30.08.2011. The counsel for the defendant put in appearance on his behalf on 30.08.2011. On that date, learned counsel for the respondent prayed for a long date and, accordingly, a date was fixed for filing of the written statement on 24.11.2011. In my view the Court was not entitled to give such a long date and as per the law maximum 30 days can be given for filing written statement and by this method a time of almost 90 days was given to file written statement on the first date itself.

(3.) Be that as it may, on 24.11.2011 also no written statement was filed though 90 days had elapsed or were about to elapse by this time. Again a request for adjournment was made and the matter was adjourned to 06.01.2012 for filing written statement. Thus, the appellant has had more than 4 1/2 months to file written statement. On 06.01.2012 again no written statement was filed and the learned counsel for the petitioner defendant prayed for further time. The learned Court observed that the stipulated period of 90 days for filing written statement had already elapsed. No reasons were given why this period should be extended and therefore, the right to file written statement was closed and the case was fixed on 01.03.2012 for filing of Examination-in Chief by way of affidavit.