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Md. Swaleh & Others v. Md. Yaseen - WRIT - C No. 29209 of 2007 [2007] RD-AH 11133 (4 July 2007)


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Hon'ble Janardan Sahai, J

The written statement having not been filed by the defendant, the trial court passed an order directing the case to be proceed exparte. On the application of the defendant, the  order was set aside and the defendant was given time to file the written statement. The ground given by the defendant in his application was that he was ill and was suffering from jaundice, blood pressure and heart trouble. The application was allowed by the trial court. Against the order, a revision was filed by the petitioner which has been dismissed. The revisional court  also found that there was sufficient ground for the inability of the defendant to appear  and file the written statement. The order is a discretionary one. The apex court has held in Kailash Vs. Nanhku and others 2005 (1) ARC 861 and Shaikh Salim Haji Abdul Khayumsab Vs. Kumar and others  AIR 2006 SC 396 that the provision of Order 8 Rule 1 regarding 90 days time to file written statement is directory and the court can extend the time.   The ground of illness taken by the defendant has been believed by the courts below. The finding does not suffer from any illegality.  The plaintiff has been compensated by costs. No ground for interference is made out. Dismissed .  

Dt. 4.7.2007



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