JAMNADAS BECHARDAS Vs. JYOTSNABEN GIRDHARLAL

JUDGEMENT

(1.) . This Civil Revision Application under Section 115 of the Code of Civil Procedure, 1976, is directed against the impugned order dated 4-8-92, passed by the learned Civil Judge (Jr.D), Dwarka, below Application exh. 15 in Regular Civil Suit No. 33 of 1987.

(2.) .To state few relevant facts, Smt. Jyotsnaben Girdharlal, the respondentplantiff herein filed a suit, the same beinf Regular Civil Suit No. 33 of 1987 in the Court of learned Civil Judge (Jr. D.). Dwarka on 23-3-1987 against the petitioner-defendant Jamnadas Bechardas for recovery of the possession of the suit premis on the ground of bonafide requirement and alleged breach of the terms and conditions of the tenacy. It appears that on summons being served, the defendant appeared and applied for time for filing a written statement on 21-8-1987 and the case accordingly was adjourned to 21-9-1987. On this date also, since no written statement was filed further time was asked for and granted and the case was adjourned to 6-10-1987. It appears that on 6-10-1987 also, no written statement was filed !! Thereafter, it appears that after three years ie., on 3-8-1992, an application was once again made on behalf of the defendant to permit him to file a written statement as he could not file the same in time due to his old age and illness, etc., and that he was prepared to pay the cost also ! This application was rejected by the learned Judge on 4-8-1992, giving rise to the present Civil Revision Application.

(3.) .Mr. M.R. Vyas, the learned advocate appearing for the petitioner at the very outset when the matter was called out, was fair enough to submit that the petitioner was even prepared to pay the costs in the year 1992 and that today even, he is ready and willing to pay the costs and accordingly, he be allowed to file the written statement on any other further reasonable terms and conditions that this Court may impose.