Vimalaben Shantilal Patel vs Kamalaben Ravjibhai Patel
2021 Latest Caselaw 17199 Guj

    C/SCA/16793/2021                               ORDER DATED: 15/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 16793 of 2021

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                       VIMALABEN SHANTILAL PATEL
                                 Versus
                       KAMALABEN RAVJIBHAI PATEL
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Appearance:
RASHESH A PATEL(8802) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
for the Respondent(s) No. 1,10,11,12,13,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 15/11/2021

                              ORAL ORDER

By way of present petition, petitioners have challenged the order passed below applications Exhibit 205 and 206 in Special Civil Suit No. 163 of 2012 on 13.10.2021 by learned Principal Senior Civil Judge, Vadodara.

Heard learned advocate for the petitioners. It was submitted by learned advocate for the petitioners that the impugned order is beyond the scope of Order VIII Rule 1 of the Code of Civil Procedure. That, the court has no jurisdiction to extend the time of filing written statement beyond 90 days as prescribed under Order 8 Rule 1 of the CPC. That, allowing to file the written statement at belated stage of the suit was not necessary at the fag end of suit preferred by the plaintiffs. That, after passing of 8 years from the date of service of summons to the defendants, permission was sought

C/SCA/16793/2021 ORDER DATED: 15/11/2021

for by the defendants to file the written statement. In support of his arguments, learned advocate for the petitioners has relied upon the judgment of the Hon'ble Apex Court passed in Civil Appeal No. 433 of 2020.

Issue requires consideration.

Notice returnable on 10th January 2022. An operation of the impugned order, which was stayed by the learned trial Court till 30.11.2021, shall be extended till the returnable date.

(B.N. KARIA, J) K. S. DARJI