BABU RAM Vs. PRITAM DASS

JUDGEMENT

(1.) THE order dated 14.2.2006, passed by the trial Court accepting the written statement of defendant-respondents is subject matter of challenge in the instant petition filed under Article 227 of the Constitution. THE written statement admittedly was filed after the maximum period contemplated by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (for brevity, 'the Code'). THE reason for delay in filing of the written statement is that there were efforts being made for effecting compromise between the parties and moreover the written statement had been filed on the date of order. THE trial Court has also imposed cost of Rs. 300/-.

(2.) AFTER hearing learned counsel, I do not find any illegality having been committed by the trial Court in allowing the defendantrespondents to file the written statement after the expiry of due date. The application filed by the plaintiff-petitioners under Order VIII Rule 1 of the Code has been rightly dismissed by the Court below, which is consistent with the view taken by the Supreme Court in Kailash v. Nanhku & others, 2005(2) RCR (Civil) and Salem Advocate Bar Association, Tamil Nadu v. Union of India, JT 2002 (9) SC 175 & JT 2005(6) SC 486. Dismissed.