RAM PRAKASH Vs. CHITTAR

JUDGEMENT

(1.) BY way of this writ petition, the petitioners have implored to quash and set-aside the order dated 7th January, 2003 rendered by Civil Judge (Jr. Division), Dudu, District Jaipur, whereby the opportunity of the defendant-petitioners for filing written-statement was closed.

(2.) HAVING heard the learned counsel for the parties, it is noticed that Order VIII Rule 1 of Civil Procedure Code contemplates filing of written-statement within a period of 30 days from the date of service of summons and if the defendants fail to file the same within the said period of 30 days, they could be allowed to file the same on such other day but not later than ninety days from the date of service of summons. The learned trial court is found to have closed the opportunity of filing the written-statement on the ground that the defendants had not filed the written-statement within a period of 90 days, but a bare perusal of the order reveals that the service was effected on the petitioners-defendants on 3rd September, 2002 and after the service of summon on defendants Mr. P.L. Chaudhary filed power on their behalf. If the Court was so particular about the mandate of law, why did it give 126 days' time to file the written-statement. When the Court itself had flouted the provisions of law by granting adjournment of 126 days for filing the written-statement, then what made the Court to close the opportunity for filing written-statement.

(3.) THE petitioners are directed to file the written-statement in Civil Suit No. 76/2002 pending before the Civil Judge (Jr. Division) Dudu, District Jaipur on or before 30th May, 2011. If they fail to file the written-statement on or before this date, no further opportunity, whatsoever, shall be granted to them.