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2011 DIGILAW 283 (PNJ)

Banta Singh v. Subhash Chander

2011-01-24

SABINA

body2011
JUDGMENT Mrs. Sabina, J.: - The petitioner has filed this revision petition under Article 227 of the Constitution of India for setting aside the order dated 9.12.2010 passed by Civil Judge (Sr.Divn.) Ambala City. 2. Plaintiff Subhash Chander had filed a suit for possession by way of specific performance of agreement to sell dated 20.2.2008. Notice was issued to the petitioner-defendant. On 9.12.2010, the defence of the petitioner was struck of as he had failed to file the written statement within the stipulated period of 90 days. Hence, the present petition. 3. Learned counsel for the petitioner has submitted that the reply is ready with the petitioner and he will file the same within 10 days from today. The defendant was of the impression that the reply had to be filed within 90 days of appearance in the Court and not from the date of receipt of summons. Order 8 Rule 1 CPC reads as under:- “ 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.” 4. Thus, as per the above provision, the reply has to be filed, at the most within 90 days of receipt of summons by the defendant. However, in the present case, the defendant was under the impression that it is to be filed within 90 days of appearance in the Court. In case the petitioner is allowed to file the written statement, the dispute between the parties will be disposed of on merits. Moreever, the other side can be compensated with costs. 5. Accordingly, this petition is allowed. The impugned order is set aside. The petitioner is allowed to file the written statement within10 days from today subject to payment of ‘ 5,000/- as costs. ---------0.B.S.0------------