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2004 DIGILAW 983 (PNJ)

Baghail Singh v. Amrik Singh

2004-08-31

KIRAN ANAND LALL

body2004
JUDGMENT Kiran Anand Lall, J. - Petitioners but in appearance in the trial Court on 14.11.2003. But, they failed to file written statement for a period of about 5-1/2 months thereafter, despite the fact that on two dates, costs were imposed on them and on 1.3.2003, the Court had warned them that last opportunity was being granted to them for filing written statement. The trial Court, ultimately, struck off their defence vide the impugned order dated 30.4.2004. Rule 1 Order 8 of the Code of Civil Procedure reads as under :- "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." 2. It is clear from the above provision that, for reasons to be recorded in writing, Court can extend the period for filing of written statement upto ninety days from the date of service or summons, but not beyond that. 3. The petitioners had neither filed written statement within the prescribed period nor they had asked for any extension of time for the purpose. Therefore, they cannot be allowed to find any fault with the impugned order vide which their defence had been struck off. No merit. Dismissed. Petition dismissed.