SWARAN LATA Vs. ANJALI

JUDGEMENT

(1.) THE petitioners herein, who are the contesting defendants before the learned trial Court, are aggrieved by the order passed by the learned Court denying them permission to institute/file written statement to the claim instituted by the plaintiff -respondent No.1 herein. It is undisputed before me that the case remained pending in the trial Court from 4th March, 2008 to 23rd August, 2010, for service of the other defendants or for bringing on record the legal heirs of the deceased defendants.

(2.) AN application under Order 8 Rule 1 of the Code of Civil Procedure was filed/instituted by the petitioners herein for permission to file written statement to the claim. This application was taken up on 20.12.2011 for further proceedings and the learned Court rejected it on the ground that Order 8 Rule 1 of CPC provides 90 days as the outer limit to file the written statement from the date of service of the summons along with the plaint on the defendant. There is no dispute with this proposition as it is the enacted provision. The interpretation of this provision came up before the Supreme Court in Sambhaji and others vs. Gangabai and others, : 2008 (17) SCC 117 holding: