Bairi Rakesh Kumar vs Perumalla Sammaiah
2021 Latest Caselaw 2161 Tel

  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

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

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