LAWS(RAJ)-2016-4-42

VIDYA DEVI Vs. JAYA

Decided On April 11, 2016
VIDYA DEVI Appellant
V/S
JAYA Respondents

JUDGEMENT

(1.) By this petition, a challenge is made to the order dated 9th April, 2015. An application for extension of time to file written statement was rejected.

(2.) It is a case where after service of notice, written statement was not filed within a period of 90 days. An application for extension of time was filed immediately after closing chance to file written statement. It was dismissed vide impugned order dated 9th April, 2015. The written statement could not be filed due to ailment of one of the defendant who is an old lady and said to be suffering from ailment. The court dismissed the application finding no document to support the ailment.

(3.) Learned counsel submits that in absence of material to support the ailment, dismissal of the application is justified.