MANAS KUMAR MISRA Vs. MOINUDDIN ALI

JUDGEMENT

(1.) Heard the learned Advocates of both the sides over the two applications. Since a common question of law has arisen in respect of the two matters, the two applications are taken up for hearing together and they are disposed of by this common order.

(2.) The question of filing a written statement as per provisions of Order 8 Rule 1 of the CPC is the subject-matter of the two applications.

(3.) The plaintiffs/petitioners instituted the two suits being O.S. No. 21 of 2011 and O.S. No. 22 of 2011 for ejectment and recovery of possession on the ground of default, reasonable requirement, etc. The respective defendants/opposite parties filed applications under section 7(2) of the West Bengal Premises Tenancy Act, 1997 and both the parties to the suit were proceedings with that matter in the respective cases. After the disposal of the matter under section 7(2) of the 1997 Act, the respective defendants filed their written statements in the suit, but, by that time, 90 days had already expired and in fact, the written statements filed by the respective defendants were late by 7 months from the dates of their appearance in the respective suits. The learned Trial Judge accepted the written statements filed by the respective parties upon payment of costs.