KRISHNA COLLECTION Vs. CANARA BANK

JUDGEMENT

(1.) By way of this petition a prayer has been made for setting aside order dated 1.7.2017 vide which right of the present petitioner to lead defence was closed on the ground that no written statement was filed within 90 days nor any application was filed under Sec. 148 read with Sec. 151 of the Civil Procedure Code for extension of time for filing the written statement.

(2.) I have heard learned counsel for the petitioners and have also gone through the record of the case appended with the petition.

(3.) The impugned order is dated 1.7.2017. Present petition was initially filed on 31st Aug., 2018. It appears that certain objections were raised by the Registry. These objections were removed by the petitioner and the petition was refiled on 14.5.2019. There is no cogent explanation as to why initially the petition was filed after one year from the passing of the impugned order and thereafter what took the petitioner such a long time to remove the objections raised by the Registry. Learned counsel for the petitioner could not apprise the Court as to what is the status of the suit as of now. In these peculiar circumstances, this Court neither sees any infirmity with the impugned order nor any case has been made out by the petitioner to show any indulgence, as the Court cannot come to the rescue of a party which is not vigilant about its rights. Accordingly, this petition being devoid of any merit is dismissed. Miscellaneously applications, if any, also stand disposed of.