SHRI JITEN KALITA Vs. SMT. DIPALI LAHKAR

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel for the petitioner and Mr. S. Dutta, learned senior counsel assisted by Mr. C. Sharma, learned counsel, appearing for the opposite parties.

(2.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order dated 30.09.2014 passed by learned Munsiff No.2, Sonitpur at Tezpur, rejecting the application of the petitioner filed on 01.07.2013. By that application the petitioner had made a prayer before the learned trial Court to accept the written statement by condoning delay of 67 days.

(3.) The opposite parties herein as plaintiffs instituted Title Suit No.4/2013 in the Court of learned Munsiff No.2 at Tezpur praying for recovery of khas possession by evicting the present petitioner. The petitioner is a tenant under the opposite parties and claimed to run business in the suit rooms. Admittedly, within the statutory period of 90 days the defendant, who is the petitioner herein, did not file the written statement and ultimately on 01.07.2013 he appears to have submitted the written statement accompanied by an application. The application was numbered as Petition No.3527/13. In that application in paragraph 3 the defendant has stated that he could not file the written statement in time as he had been suffering from severe backache with urinaary tract infection and was under constant medical care. It is stated in the same paragraph that he was completely under medical attention from 20.04.2013 to 28.06.2013 and during this period he was not in a position to lead normal life for which the attending doctor had advised him to take complete bed rest. He also submitted a medical certificate in support of his statements.