SWARN RAM Vs. JAIMAL RAM

JUDGEMENT

(1.) This revision petition is directed against order dated 16.4.2009 passed by Additional Civil Judge (Sr.Divn.) Sirsa, who had allowed an application filed by the plaintiffs to strike off the defence of the defendants on the ground that written statement has not been filed in consonance with the provisions of Order 8 Rules 1 and 5 of the Code of Civil Procedure, 1908 (for short 'CPC') as it is required to be filed within 90 days but the same has been filed beyond the said period.

(2.) In brief, the plaintiff filed a suit for possession by way of specific performance in respect of land measuring 8 Kanals 1 marla comprised in Sq.No.360 Killa No. 5/1 (3-17), 6/2/2(4-4) Barani as per jamabandi for the year 2002-03 read with mutation No. 13876, situated at Hanumangarh Road, village Ellenabad, Tehsil Ellenabad, District Sirsa, on the basis of an agreement to sell dated 15.2.2006 alleged to have been executed by the sellers/defendants for a consideration of Rs. 9,75,000/- after taking an advance of Rs. 3,50,000/-.

(3.) The said suit was instituted on 1.8.2008 in which notice of motion was issued to the defendants for 19.8.2008. After appearance, the case was adjourned for 13.10.2008 for filing written statement but no written statement was filed on that day and the case was adjourned to 18.11.2008. Again no written statement was filed and the case was adjourned to 13.2.2009. On 13.2.2009 written statement was filed and was taken on record by the learned trial Court. However, in this process, period of 30 days much less the extended period of 90 days provided under Order 8 Rule 1 CPC had expired which led to the filing of an application by the plaintiff for striking off the defence of the defendants for violating the provisions of Order 8 Rule 1 CPC. The said application after contest, has been allowed by the trial Court and the written statement which has been filed and is taken on record, has been ordered to be taken of the record.