GURBAKSH SINGH Vs. RAKESH KUMARI

JUDGEMENT

(1.) Petitioner herein, who is plaintiff before the learned Trial Court, is aggrieved by the act of the learned Trial Court, whereby it allowed the written statement filed by the respondents herein before the learned Trial Court on 03.10.2017 to be taken on record, ignoring the fact that after service, the respondents, who are the defendants before the learned Trial Court, appeared before it for the first time on 07.06.2017 and despite grant of time, neither filed the written statement between the statutory period of 90 days, nor filed any application under Sections 148 or 151 of the Code of Civil Procedure for extension of time when the written statement was submitted by them on 03.10.2017.

(2.) Learned counsel for the petitioner has argued that once the statutory period for filing the written statement was over, learned Trial Court could not have taken the same on record in the absence of there being any application filed by the defendants therein explaining as to why the written statement could not be filed within the statutory period. Mr. Singh has argued that there is a rationale as to why the time frame has been fixed for filing the written statement and the rationale is that the litigation has to be decided within a time bound period and if the Trial Courts do not adhere to the same and allow the pleadings to be taken on record at their whims and fancies, then the very purpose of fixing the said limitation shall be frustrated.

(3.) On the other hand, learned counsel for the respondents has argued that there is no perversity with the order which stands impugned by way of present petition, because there was no inordinate delay in filing the written statement and taking the same on record by the learned Trial Court advances the cause of justice, because no fruitful purpose would be achieved by denying the present respondents' right to file the written statement.