BIMAL KUMAR DUTTA Vs. ALOK KUMAR MUKHERJEE

JUDGEMENT

(1.) This revisional application is directed against an order No. 17 dated August 24, 2017 passed by the Second Court of Civil Judge (Junior Division), Berhampore, Murshidabad in Other Suit No. 7 of 2015 by which an application for acceptance of the written-statement is rejected.

(2.) The trial court proceeded to dismiss the said application holding that in view of the proviso inserted to Order 8, Rule 1 of the Code of Civil Procedure by an Amending Act of 2002, the moment the outer limit provided therein exceeds, the court cannot extend the period. In other words, according to the trial court, by virtue of introduction of the proviso to Order 8, Rule 1 of the Code, the legislature intended the time limit indicated therein to be mandatory. The trial court, however, omits to take into consideration the second and third proviso inserted by the Rule Committee of the High Court, wherein the limit indicated in the first proviso was extended to 120 days with further stipulation that the court may extend the time beyond such outer cap, subject, however, to the satisfaction of the court that the circumstances was beyond the control of the defendant. In view of the added proviso applicable to the State of West Bengal, the court can extend the time provided sufficient grounds have been made out relating to the circumstances beyond the control of the defendant.

(3.) It appears in the instant case that the trial court extended the time to file written-statement till May 17, 2016. Before the said date the plaintiff/petitioner therein moved a revisional application being CO 607 of 2016 before this court which came up for disposal on March 7, 2016 and was disposed of in the absence of the defendant/opposite party therein directing the trial court to dispose of the suit as expeditiously as possible and preferably within fifteen months from the date of commencement of trial without granting unnecessary adjournments to either of the parties. It was further indicated therein that in the event, the defendant/opposite party fails to file the written-statement on or before May 17, 2016, the trial court shall proceed to hear the suit ex parte. However, in the ultimate paragraph the Hon'ble Judge of this court was conscious that the said order may be taken on surprise by the defendant/opposite party and directed the plaintiff/petitioner to communicate the said order to the defendant/opposite party by speed post and also the learned Advocate representing him in the court below within one week from date.