RAJINDER KUMAR Vs. SUSHMA DEVI AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial Court [Civil Judge (Junior Division), Sri Anandpur Sahib] dated 03.07.2018, by which it was ordered that all the defendants as had not filed a written statement (i.e. other than defendant no. 12 before that Court) may file their written statements by the next date of hearing at that stage, i.e. 25.07.2018, subject to payment of costs of Rs. 500/-, to the paid to the District Legal Services Authority.

(2.) As already noticed by this Court, vide its order dated 05.09.2018, there is no time of 30 days stipulated in Order VIII Rule 1 CPC, as applicable to the States of Punjab, Haryana and U.T., Chandigarh, which reads as follows:-

(3.) Though of course Order V Rule 1 CPC still does stipulate a time of 30 days extendable to a maximum time of 90 days, obviously there is an anomaly between the two provisions and generally this Court has been interpreting it liberally in favour of defendants, allowing them to file their written statement beyond the period of 90 days, subject to payment of costs, depending upon the delay caused by them.