SWARUP KUMAR SEN Vs. NEPAL CHATTERJEE

JUDGEMENT

(1.) This revisional application is directed against the order no.25 dated 20.09.2005 passed by the learned Civil Judge (Junior Division), First Court, Bankura in Title Suit No.145 of 2003 whereby the learned Civil Judge (Junior Division) has rejected the written statement filed by the plaintiff/petitioner.

(2.) The fact of the case in short is that the plaintiff/petitioner instituted the Title Suit No.145 of 2003 against the defendant/opposite party praying for declaration as lease of the property in suit and for permanent injunction to run the nursing home business, etc. In that suit, the defendant/opposite party appeared and filed a written statement claiming a counter-claim against the plaintiff/petitioner. Issues were framed and the suit was at the stage of peremptory hearing of the suit. The plaintiff/petitioner filed written statement against the counter-claim made by the defendant/opposite party and such written statement of the plaintiff/petitioner was rejected by the trial court by the impugned order. Being aggrieved by the impugned order, the plaintiff/petitioner has preferred this revisional application.

(3.) Having considered the submissions of the learned Advocate of both the sides and on going through the record, I find that the defendant/opposite party filed the written statement on 25.03.2004 in the title suit filed by the plaintiff/petitioner. But the plaintiff/petitioner filed the written statement in respect of the counter-claim made by the defendant/opposite party only on 22.08.2005 that is after about 15 months. The trial court rejected such written statement on the ground that it was not filed within a period of 30 days from the date of filing of the written statement by the defendant/opposite party or within such time as is permitted under Order 8 Rule 1 and Rule 6 G of the Code of Civil Procedure. But the trial court did not pass any judgment for non-filing of the written statement with regard to the counter-claim.