LAWS(CAL)-2011-1-37

MASRUDDIN Vs. SHER MOHAMMAD QURESHI

Decided On January 10, 2011
MASRUDDIN Appellant
V/S
SHER MOHAMMAD QURESHI Respondents

JUDGEMENT

(1.) THE petitioner is the defendant in Ejectment Suit no. 126 of 2006. He received summons on 23/9/2006 and entered appearance on 16/10/2006. He did not file written statement within the time frame stipulated in Order VIII Rule 1, Civil Procedure Code (hereafter the Code).

(2.) ON 8/11/2006, the petitioner applied for time to file his written statement. By order no. 3 dated 8.11.2006, the learned Civil Judge granted him time till 19/2/2007 to file the written statement. The petitioner failed to prepare his written statement for absence of certain relevant documents and, accordingly, applied for further extension of time on 19/2/2007. The learned Judge-in-charge on 19/2/2007, by order no. 4, rejected the petitioner's prayer.

(3.) THE learned Judge considered the application under Section 151 of the Code dated 4.12.2009 and upon hearing the parties, by order no. 25 dated 24.6.2010, rejected the same on contest. THE written statement filed by the petitioner was not accepted and the suit was directed to be heard ex-parte against him. This order forms the subject matter of challenge in the present application under Article 227 of the Constitution of India.