BHAGWAN DASS Vs. KAREEM BAX

JUDGEMENT

(1.) This revision petition has been filed against the order of Munsif, Pali dated April 19, 1989 by which he did not grant further time to the defendant-petitioner to file his written statement Facts of the case giving rise to the revision petition may be summarised thus.

(2.) Civil Suit No. 18/87 was filed by the plaintiff non-petitioner for the recovery of the arrears of rent and ejectment. The written statement was not filed by the defendant petitioner till April 19,1989. An application was moved on 19th April, 1989 that the draft of the written statement was ready, it could not be typed as the counsel for the defendant-petitioner had gone out of station and one day's time may be granted for filing it After hearing learned counsel for the parties, learned Munsif passed the order under revision.

(3.) It has been contended by the learned counsel for the defendant-petitioner that the draft of the written statement was ready on 19th April, 1989, it could not be typed and request was made for only one day's adjournment forgetting it typed, learned trial court had jurisdiction to grant adjournment under Order 17 Rule 1, C.P.C. and it was due to the fault of the counsel that it could not be typed earlier. He further contended that a litigant should not be allowed to suffer for the mistake on the Part of his counsel. He relied upon A.I.R. 1984 S.C. 41.