R.J.SINGH, j. - (1.) GOPI Krishna Goyal alias Gopi Krishna KAYAL has preferred this revision under Section 333 of the U.P.Z.A. and L.R. Act against the judgment dated 1-3-2005 passed by Parganadhikari Sadar Budaun.
(2.) HEARD the learned Counsel for the revisionist and have gone through the judgment of the trial Court. The learned counsel for the revisionist contended that the period prescribed by law for filing written statement is 30 days from the date of effecting service on defendants. After the expiry 30 days, only 60 days time can be extended by the Court and if the defendants failed to file written statement within the stipulated period then they legally cannot file written statement. In support of his argument the learned counsel cited two rulings of the Hon'ble High Court A.I.R. 2004 page 614 and A.L.R. Allahabad page 356. In both these cases Hon'ble High Court has held that the expiry of 90 days period the defendants cannot file their written statement though they can participate in the suit.
(3.) I agree with the contention of the learned counsel for the revisionist and direct the learned trial Court to proceed with the case as per the citations given in the judgment, meaning thereby that the defendants will not be allowed to file their written statement though they will participate in the suit.;