DINESHWAR PRASAD Vs. PARMESHWAR PRASAD

JUDGEMENT

(1.) This second appeal raises a question of interpretation of O.VIII. R.10 of the Civil P.C.

(2.) The facts of this case lie in a very narrow compass.

(3.) The plaintiff-respondent brought a suit for eviction from the premises in suit against the defendant-appellant and also for a decree for a sum of Rs. 5,824.54 on account of arrears of rent and electric charges. In the said suit, summons was issued to the appellant who appeared in the trial Court on 25th Feb., 1985, and filed an application for time to file written statement which was allowed and the appellant was granted time to file his written statement till 23rd Mar., 1985, on which date also, no written statement was filed and, again, an application for time was filed on behalf of the appellant. The learned Court below granted time to the defendant to file written statement till 30th April, 1985. On 30th April, 1985, neither any application for time was filed nor any step therefor was taken. The learned trial Court below thereafter proceeded to pass a decree in favour of the respondent and against the appellant, purported to be in terms of O.VIII, R.10 of the Civil Procedure Code.