LAWS(ORI)-2006-2-4

MANGELAL JHAJHARIA Vs. GOVINDRAM GIRDHAR

Decided On February 21, 2006
MANGELAL JHAJHARIA Appellant
V/S
GOVINDRAM GIRDHAR Respondents

JUDGEMENT

(1.) W.P.(C) No. 13534 of 2003 has been filed by the plaintiff challenging the order-dated 24.06.03 passed by the learned Civil Judge (Senior Division), Sambalpur in T.S. No. 71 of 2001 whereby the learned Court below has accepted the written statement filed by the defendant No. 2 beyond the period of 90 days.

(2.) W.P.(C) No. 3139 of 2005 has been filed by the defendant No. 1 against the order dated 9.12.04 in T.S. No. 71 of 2001 passed by the learned Civil Judge (Senior Division), Sambalpur whereby the written statement filed by the defendant No. 1 was not accepted by the learned Court below since the same has been filed beyond the period of 90 days.

(3.) As it appears from the above in the self same case, even though both the defendants filed their respective written statements beyond 90 days, the learned Court below has accepted the written statement filed by the defendant No. 2 but declined to accept the written statement filed by the defendant No. 1.