Anjani Kumar Mishra, J. - (1.) Heard learned counsel for the revisionist, Shri Ramendra Pratap Singh for the New Okhla Industrial Development Authority and Shri Vineet Kumar Singh, who has filed an impleadment application on behalf of one Kailash Chand who seeks his impleadment as a respondent in this revision.
(2.) The revision is directed against the order dated 29.04.2009, whereby the trial Court has accepted the written statement filed by the New Okhla Industrial Development Authority on payment of Rs. 500/- as costs.
(3.) The contention of learned counsel for the revisionist, Shri M.H. Khan is that the suit was filed on 22.08.2007 against the New Okhla Industrial Development Authority. Appearance on behalf of the defendant was filed on 30.08.2007 and the necessary papers were received by them. On 06.08.2007, an interim injunction was granted in favour of the petitioner. As many as 18 dates were fixed thereafter, but no written statement was filed. The written statement was ultimately filed on 28.01.2009 without furnishing any explanation as to why it was being filed belatedly. This written statement filed long after the period of 90 days had elapsed, was not liable to be accepted in view of the proviso to Order 8, Rule 1 and Rule 10 CPC.;