KALIPADA DAS Vs. PINAKI BHOWMIK (DEBNATH)

JUDGEMENT

(1.) By means of this petition, the petitioner, who is a defendant in the trial Court has challenged the orders dated 30.06.2015 and 16.10.2015 whereby, the written statement filed by the defendant has not been taken on record.

(2.) The undisputed facts are that the petitioner, who was defendant in the trial Court, was served prior to 18.02.2015 because she put in appearance through her counsel before the trial Court on the said date. The date of service is not clear but for the purpose of this petition it may be presumed that she was served on 17.02.2015 which would meant that the written statement should have been filed latest by 18.05.2015 even if the maximum period of 90 days as prescribed in the Code of Civil Procedure is taken into consideration.

(3.) The petitioner-defendant appeared before the Court on 18.02.2015 and prayed for time and time was granted till 20.03.2015 to file written statement. Again on 20.03.2015, a request for adjournment was made and it was prayed that further time be granted to file written statement since all the documents could not be prepared. The Court again granted time up to 05.05.2015. On the said date, the learned Presiding Officer was on leave and the case was taken up by another Presiding Officer and time for filing the written statement was extended up to 19.05.2015. On 19.05.2015 when the written statement was not filed the learned trial Court rejected the prayer for grant of further time and fixed the matter for 30.06.2015. On this date written statement was filed but without any application for extending the time and this written statement was not taken on record since that had been filed beyond the prescribed period of 90 days.