BHISHMLAL Vs. ATAULLHA KHAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution of India, is directed against the order dated 22.3.2010 passed in Civil Suit No. 115-A/09. By this order the Court below has considered the application dated 15.3.2010. The petitioner/defendant in the aforesaid civil suit preferred the aforesaid application dated 15.3.2010. After obtaining reply of the other side, the Court below has decided the said application by impugned order dated 22.3.2010. The application was objected by the plaintiff on the ground that the petitioner/defendant has not filed his written statement within 90 days as provided in the Civil Procedure Code and, therefore, the said application must be rejected.

(2.) THE Court below after hearing the parties opined that the plaintiff filed his own affidavit on 4.3.2010. Various other documents were also filed by the plaintiff along with the affidavit. The petitioner/defendant appeared before the Court below on 15.12.2009 but did not file written statement for considerable long time. Thus, the Court below thought it proper not to grant any further time to file written statement and accordingly right to file written statement was closed.

(3.) I have heard the learned counsel for the parties and perused the record.