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Judgment
11 paragraphs · 212 wordsBy this petition, the petitioner challenges the order of the learned Civil Judge (Junior Division), Amritsar, (trial Court) dated 23.08.2018, by which the
defence of the petitioner-defendant has been struck off on account of non-filing of the written statement within a period of 90 days (as stated in the
impugned order).
As per the impugned order, the case was adjourned to today for the respondents-plaintiffs' to lead evidence.
Upon query as to why the petitioner has approached this Court at the 'nick of time', he points out that as a matter of fact the petition was filed on
14.09.2018 but with the Registry having raised an objection, it could be re-filed and put up for hearing only today.
That being so, and actually there being no time period of 90 days stipulated in Order VIII Rule 1 CPC, as applicable to the States of Punjab, Haryana
and the Union Territory Chandigarh, though Order V Rule 1 CPC does still lay down a period of 90 days, but with the both provisions obviously to be
read harmoneously, this petition is allowed with the impugned order set aside.
Subject to the petitioner paying costs of Rs. 5,000/-, to the respondents-plaintiffs, he would be permitted to file his written statement within 10 days
from today.