- (1.) This revision by defendant under Section 115 of Code of Civil Procedure is directed against an order passed by the trial Court whereby the trial Court rejected the application for extension of time in filing written statement on the ground that in view of the amended proviso of Order VIII Rule 1 no extension can be granted. Since more than 90 days have already expired after senrice of summons on the defendants , thus defendant is deprived from filing written statement. In terms of Order VIII rule 1 of C. P. C., the provision of Order VIII Rule 1 is amended by amending Act 1999.
(2.) By the amendment, the following provision is added to Order VIII Rule 1 of the Code of Civil Procedure : "Order VII, Rule 1. Written Statement The defendant shall within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons."
(3.) The trial Court has taken a view that in view of proviso to the amended Rule, since period of ninety days has already elapsed from the date of service of summons on defendant, the Court ceased to have any power for extending the time for filing written statement. It is this order of the trial Court which is under challenge by means of the present civil revision.;