SENIOR BRANCH MANAGER Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This is a Civil Revision Petition filed by the Petitioner (defendant in the suit) challenging an order dated 22.08.2018 (impugned order) passed by the learned District Judge, Special Division-II at Gangtok (learned District Judge) in Money Suit No. 30 of 2017 (the suit) by which the application under Section 5 of the Limitation Act, 1963 (the application) filed by the Petitioner seeking condonation of the delay in filing written statement was rejected.

(2.) The learned District Judge was of the view that the delay was inordinate and the explanation unacceptable. In the learned District Judge's opinion apart from gross negligence and laxity there is nothing to suggest that the Petitioner could not file the written statement in spite of its best efforts.

(3.) Order VIII Rule 1 of the CPC is the relevant provision and reads as under: