THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No. 1070 of 2021
ORDER:
This Civil Revision Petition is filed questioning the order dated 05.10.2020 passed by the learned Senior Civil Judge, Huzurabad dismissing I.A.No.834 of 2018 in O.S.No.65 of 2018 filed under Order 8 Rule 10 C.P.C. read with Section 151 C.P.C. seeking to pronounce the judgment or pass an order forfeiting the right of the respondent-defendant to file written statement.
Learned counsel for the petitioner-plaintiff submits that though the respondent-defendant failed to file written statement within 90 days as mandated in law, any application for condonation of delay or extension of time therefor, the trial Court accepted the written statement filed by the respondent, hence, prays for allowing the Civil Revision Petition.
It is well-settled that discretion vests with the Court in accepting the written statement beyond 90 days subject to showing sufficient cause.
In the present case, it is discernable from the order under revision that the written statement was required to have been filed on 13.08.2018, on which date, 90 days time expires, but on the very same date, adjournment petition was filed on the ground that 2 suit summons was affixed on the door of the house of the respondent.
In that view of the matter, acceptance of the written statement by the trial Court cannot be found fault with. Therefore, the order under revision does not call for interference by this Court.
Accordingly, the Civil Revision Petition is dismissed. However, considering the fact that the suit is filed for recovery of money, the trial Court shall make an endeavour to dispose of the same as expeditiously as possible.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J Dt:20.07.2021 kdl 3