NUTAN D.SARDESSAI - (1.) Heard learned Counsels for the parties. Rule. Rule made returnable forthwith with the consent of the learned Counsels appearing for the parties. Learned Counsels appearing for the respondents waive service.
(2.) This petition invoking the jurisdiction of this Court under Article 227 of the Constitution of India takes exception to the order dated 08/03/2013 and 08/10/2018 passed by the Court of the Adhoc District Judge 1, FTC, North Goa, Panaji pursuant to which the application for extension of time in filing the written statement and thereafter for the condonation of delay in filing the written statement came to be dismissed and the petitioners were not permitted to file the written statement.
(3.) Heard Ms. Susan Linhares, learned Additional Government Advocate for the petitioners who submitted at the outset that an application was moved under Order 27, Rule 7 CPC for the extension of time in filing the written statement by one month. This application however, came to be rejected on a finding by the learned Adhoc District Judge that they were duly served with the summons on 27/11/2012 as per the records. The Government advocate then appearing for the petitioners had not communicated this order to them since he had resigned in the meantime and thereafter the same remained unchallenged on account of lack of knowledge of its passing. An application was thereafter filed for filing the written statement beyond the statutory period setting out the ground on which there was delay and praying for the grant of the application to file the written statement beyond the extended period.;