S. DASGUPTA AND ASSOCIATES Vs. ASISH GUHA

JUDGEMENT

(1.) This application is filed at the instance of the plaintiff/petitioner and is directed against the Order being No. 8 dated 20.02.2019 passed by the learned Judge, 13th Bench, City Civil Court at Calcutta in connection with Money Suit No. 338 of 2017 thereby accepting the written statement of the defendant filed after a delay of 297 days from the statutory period of limitation.

(2.) The plaintiff/petitioner filed a suit being Money Suit No. 338 of 2017 for recovery of a sum of Rs. 2,74,767/- together with pendente lite interest thereon before the City Civil Court, Calcutta, and was placed for adjudication before the learned Judge, 13th Bench of the said learned Court.

(3.) The defendant/opposite party entered appearance in the said suit and prayed for an adjournment for filing written statement. The learned trial Judge allowed such prayer of the opposite party and fixed on 17th November, 2017, for filing the same. The opposite party/defendant filed several applications praying for time for filing written statement on several occasions. Thereafter, on 26.03.2018, plaintiff/petitioner filed an application praying before the learned trial Judge, 13th Bench, for fixing the date for ex parte hearing of the suit on the ground of specific violation of the provisions laid down in Order VIII Rule 1 as well as Order V Rule 1 of the Code of Civil Procedure. Ultimately, the defendant submitted a written statement on 19.09.2018 delaying 297 days after expiry of the statutory period of limitation. The learned Trial Judge accepted the written statement filed by the opposite party/defendant by the impugned order and thereby condoned the delay of 297 days upon payment of cost of Rs. 15,000/- (Rupees fifteen thousand only) by the impugned order.