(1.) This Civil Revision Petition is filed against the orders of the trial court in I.A.No.77 of 2019 in OS.No.27 of 2017.
(2.) Plaintiff filed the suit for injunction. During the pendency of the suit as the defendants failed to file the written statement they were set exparte on 4/2/2019 and IA.No.77/2019 is filed to set aside the exparte order dtd. 4/2/2019 and also to permit them to file the written statement, it was allowed by the trial court. Aggrieved by the said order, this CRP is preferred and the petitioner mainly contended that the respondent failed to file the written statement, as such she was set exparte on 23/1/2018 and the matter was posted for exparte evidence on 4/2/2019, on that day plaintiff was examined as PW1 and exparte decree was passed.
(3.) Defendant failed to assign valid reasons for non filing of the written statement and simply submitted that she filed CRP 6915/2019 against the orders in IA No.253 of 2017 in OS No.27/2017, dtd. 7/11/2017 and the said application is filed for rejection of the plaint as CRP is still pending before the Hon 'ble High Court, she could not file the written statement. In fact, defendant received summons on 1/5/2017. In the CRP, only Notice before admission was ordered and no interim stay or further proceedings were granted. As such the trial court rightly set the matter exparte on 23/1/2018 and passed exparte order on 4/2/2019. But the trial court without going into merits of the case allowed the petition. He further stated that after amendment of certain provisions to CPC which came into effect from 1/7/2002, under Order VIII Rule 1 of CPC, defendant shall file the written statement within 30 days and shall not be later than the service of summons, as the summons were served on 1/5/2017, she has to file the written statement within 90 days i.e. on or before 23/1/2018, but she failed to do so. It is mandatory on the part of the defendant to file the written statement within the statutory period, as such the order of the trial court in setting aside the exparte order permitting her to file the written statement on 4/2/2019, as illegal and arbitrary to the principles of law. The extension of time for filing a written statement cannot be granted in, as a matter of routine and it can be granted as an exception on appropriate reasons.