BIMLA DEVI Vs. SHAHNAZ BEGUM

JUDGEMENT

(1.) The main question which has come to the surface in this Civil Revision under Section 115 of the Code of Civil Procedure, 1908, (in short the CPC) is as to whether the rejection of an application seeking permission for filing the Written Statement beyond the period of limitation in terms of the amended provision of Order VIII Rule (1) of the CPC by the trial Court by passing an order on 2.3.2005 in Title Suit No. 312 of 2003 is legal and valid or not. A few admitted material facts, useful for the consideration and adjudication of the sole point raised in this Revision may be highlighted at this juncture : (1) The title Suite came to be filed by the opposite parties No. 1 in this Revision who is the original plaintiff, for declaration of title in which the trial Court passed an order to proceed with the matter ex-pane on 4.2.2004. (2) The petitioner in this Revision, original defendant, applied for recalling the ex-parte order and the trial Court, upon consideration of facts and hearing the Advocates for the parties, was pleased to recall the ex-parte order recorded on 4.2.2004 by passing an order on 24.7.2004. (3) The ex-parte order was set aside and the matter was directed to be proceeded with by the parties. (4) On 21.9.2004, the Written Statement was presented before the trial Court which was objected by the other side. (5) The trial Court upon consideration of the facts and circumstances reached to the conclusion that the presentation or filing of the Written Statement by the original defendant has not been within the period of limitation of 90 days as prescribed in the amended provision of Order VIII, Rule (1) of the CPC by virtue of order dated 2.3.2005.

(2.) This is, precisely, the order under challenge in this Civil Revision by invocation of the provision of Section 115 of the CPC.

(3.) It may be recorded that in between the presentation date of an application to get the ex-parte order set aside before the trial Court and the date on which the Written Statement came to be presented, on 21.9.2004, there were some intervening circumstances which are also not in dispute as per the record.