THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No. 2723 OF 2019
O R D E R:
Respondent herein filed O.S.No.174 of 2018 in the Court of XII Additional District & Sessions Judge, Vikarabad, Ranga Reddy District, for cancellation of the sale deed dated 21.03.2016 alleged to have been executed by her in favour of the petitioners-defendants. In the said suit, the petitioners filed Vakalat on 04.01.2019, but, they did not file written statement, as such, they were set ex parte on 27.08.2019, by which time, maximum period of 90 days, as provided for under Order VIII Rule 10 C.P.C., is also expired. Therefore, the petitioners filed I.A.No.1155 of 2019 seeking to set aside the said order and the same came to be dismissed on 30.10.2019 on the ground that there was no sufficient justification for not filing the written statement within the statutorily prescribed period or even beyond. Hence, this Revision.
Learned counsel for the respondent submits that it is mandatory that the written statement be filed within 90 days after receipt of summons. He places reliance on the judgments of the Hon'ble Supreme Court in New India Assurance Company Limited Vs. Hilli Multipurpose Cold Storage Private Limited1 and Mohammed Yusuf Vs. Faij Mohammad and others2 as well as the order dated 11.03.2019 passed by this Court in C.R.P.No.6383 of 2018.
1 (2020) 5 SCC 757 2 ((2009) 3 SCC 513 2 In the order dated 11.03.2019 in C.R.P.No.6383 of 2018, this Court held that it is for the Court to consider whether there is a justifiable reason for a party in not filing the written statement within 30 days or the extended period of 60 days.
A reading of the affidavit filed in support of the I.A. indicates that the petitioners were informed that there is no Presiding Officer, as such, they were under the impression that the matter would not be taken up. It appears, the petitioners were wrongly advised. However, the petitioners filed the I.A. within three weeks on coming to know that they were set ex parte. Further, the petitioners are none other than the sons of the respondent and substantial rights are required to be decided in the suit.
At this juncture, learned counsel for the petitioners submits that the Civil Revision Petition may be allowed by putting the petitioners on some terms.
Hence, the order under revision is set aside and the Civil Revision Petition is allowed with costs of Rs.50,000/- (Rupees Fifty Thousand only) payable by the petitioners to the respondent, within two weeks from today. I.A.No.1155 of 2019 accordingly stands allowed. Considering the fact that the suit is of 2018, the trial Court shall dispose it of expeditiously.
Consequently, miscellaneous applications, if any shall stand closed.
________________________ CHALLA KODANDA RAM, J Dt:15.03.2021 kdl