GOPAL Vs. HARDEI

JUDGEMENT

(1.) CHALLENGE herein is to the order passed on 18.3.2014, by learned Civil Judge (Senior Division), Mandi, in Civil Suit No. 43/2013, closing thereby the defence of petitioner, who is defendant No. 5 in the suit, on account of his having failed to file written statement within the statutory period. The prayer made by learned counsel representing him for extension of time to file the written statement was declined.

(2.) ORDER 8 Rule 1 of the Code of Civil Procedure provides for filing of written statement within 30 days from the date of receipt of summons by the defendant in the suit. Proviso below Rule 1 of Order 8 provides for filing of written statement by the defendant on any other day i.e. beyond the period of 30 days, if allowed by the Court, by an order to be recorded in writing with reasons.