LOKANATH SAHOO Vs. NIRANJAN SAHOO

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) IN a suit for specific performance of contract for sale, the Petitioner -Defendant having not filed his written statement within the time limited under Order 8 Rule 1 C.P.C. he was debarred from filing his written statement and his subsequent application for acceptance of written statement having been rejected by the impugned order, the present Writ Petition has been filed.

(3.) THE Apex Court in the case reported in 101 (2006) CLT 464 (SC) (Shaikh Salim Haji Abdul Khayumsab v. Kumar and Ors.), held as follows: