MANVEER SINGH Vs. KAMLA SHARMA

JUDGEMENT

(1.) This is a petition under Art. 227 of the Constitution of India, challenging the order dtd. 24/3/2014, passed by the learned Munsiff, Jammu (hereinafter referred to as the "Court below"), by virtue of which, the Court below permitted the respondent Nos. 1 to 4 and 8 to file their written statement beyond the period of 90 days.

(2.) Learned counsel for the petitioners herein urged that the Court below had no discretion to permit the defendants to file their written statement beyond the maximum period of 90 days prescribed under Order VIII Rule 1 of the Code of Civil Procedure (hereinafter referred to as the "CPC)

(3.) It was further urged that no reasons had been given by the Court below as to why the Court was allowing the filing of the written statement beyond the period of 30 days envisaged under Order VIII Rule 1 of the CPC, from the date of service of the summons.