MANAGER KALIABOR TEA ESTATE Vs. CHAKRA HAZARKA

JUDGEMENT

(1.) The order under challenge in the present revision was passed, on 23.12.2003, by the learned Civil Judge (Senior Division) Nagaon, in TS No. 11 of 2002, refusing to accept the written statement filed by the petitioner-defendant on the ground that the same had not been filed within a period of 90 days from the date of service of the summons.

(2.) Heard Mr. AB Choudhury, learned counsel, appearing on behalf of the petitioner, and Mr. SP Roy, learned counsel for opposite parties.

(3.) The present revision, basically, invites this Court to adjudge if the view adopted in Baliram Prasad Gupta vs. Md Isa reported in 2003 (3) GLT 30 (2003 (3) GLJ 83) lays down the correct position of law, wherein it has been held that according to Order 8 Rule 1 of the CPC Amendment Act of 2002, which has come into force with effect from 1 st July, 2002, a written statement cannot be accepted by the Court beyond the period of 90 days from the date of service of the summons.