BIJE @ BIJAYA @ BIJAYA CHANDRA BHOI Vs. KISHORE BHOI

JUDGEMENT

(1.) The order dated 9.9.2008 passed by the learned Civil Judge (Sr. Divn.), Padampur, in C.S. No.68 of 2007 rejecting the petition filed by defendant nos. 1 and 2 under Order 9, Rule 7, C.P.C. to set side the ex parte order and accept their written statement, has been assailed in this writ petition.

(2.) As it appears from the impugned order, the petitioners-defendants 1 and 2 appeared in Court on 3.3.2008 but did not file their written statement despite several adjournments granted to them and ultimately order was passed setting them ex parte on 24.6.2008. A petition was filed by the petitioners to set aside the ex parte order and to accept their written statement on the ground of illness. The said petition has been rejected on the ground that the Hon'ble High Court in its Letter No.367(14) dated 16.1.2008 has directed the Court to scrupulously adhere to the time frame relating to filing of written statement under Order 8 Rule 1, C.P.C. and only in exceptional cases allow to file written statement beyond the time limit and in view of such, the plea taken by the petitioners about illness was not sufficient.

(3.) The letter of the Hon'ble High Court as referred to in the impugned order is in the administrative side.