Court No. - 4 Case :- WRIT - C No. - 44476 of 2010 Petitioner :- Birbal Respondent :- Ram Ratan And Others
Petitioner Counsel :- C.K. Rai
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Undisputed facts are that suit was filed by the plaintiffpetitioner on
17.07.1999. Defendantrespondent no. 2 filed his written statement
along with a counter claim on 04.04.2000. Thereafter, issues were
framed and the evidence of the parties was over and the case was
in the midst of arguments when the plaintiffpetitioner filed an
application along with a written statement to the counter claim. The
trial court vide order dated 05.09.2008 rejected the application on
the ground that the written statement to the counter claim has
been filed beyond the period prescribed by Order VIII Rule 1
C.P.C. and there is no explanation for this inordinate delay. The
plaintiffpetitioner went up in revision, which has also been
dismissed.
Both the courts below have rightly rejected the written statement
filed by the plaintiffpetitioner to the counter claim as there was
hardly any reason or occasion for accepting the same after the
period prescribed under Order VIII Rule 1 C.P.C. was over.
In view of above facts and discussions, there is no illegality or
infirmity reflected from the impugned order, which may warrant any
interference by this Court.
Writ petition, accordingly, fails and stands dismissed in limine.
30.07.2010
VKS/ WP 44476/10