RUSTAM KHAN Vs. ADDL DISTRICT JUDGE & ORS.

JUDGEMENT

(1.) - Heard learned counsel for the parties.

(2.) The petitioner is aggrieved against the order dated 2nd Dec. 2004 by which petitioner's right to submit written statement was closed by the trial court and, thereafter, when petitioner submitted an application under Sec. 148 Code of Civil Procedure alongwith written statement on 6th Nov., 2004, was rejected.

(3.) According to learned counsel for the petitioner, the petitioner could not submit the written statement because of the fact that the petitioner's wife met with accident and she remained admitted in hospital from 6th Sept. 2004 to 22nd Sept. 2004. According to petitioner, there is a delay of only 20 days beyond 90 days. According to learned counsel for the petitioner, if the petitioner's right to file written statement will be taken away then inevitable result will be the decree against the petitioner. In these facts and circumstances, a lenient view may be taken and delay in filing the written statement may be condoned.