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BABU RAM & ANR versus PRITAM DASS & ORS

High Court of Punjab and Haryana, Chandigarh

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Babu Ram & Anr v. Pritam Dass & Ors - CR-1348-2006 [2006] RD-P&H 1484 (7 March 2006)

In the High Court of Punjab and Haryana, Chandigarh

C.R. No. 1348 of 2006

Date of Decision: 16.3.2006

Babu Ram and another ...Petitioners

Versus

Pritam Dass and others ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
PRESENT: Mr. Sudhir Paruthi, Advocate,

for the petitioners.

JUDGMENT

The order dated 14.2.2006, passed by the trial Court accepting the written statement of defendant-respondents is subject matter of challenge in the instant petition filed under Article 227 of the Constitution. The written statement admittedly was filed after the maximum period contemplated by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (for brevity, `the Code'). The reason for delay in filing of the written statement is that there were efforts being made for effecting compromise between the parties and moreover the written statement had been filed on the date of order. The trial Court has also imposed cost of Rs. 300/-.

After hearing learned counsel, I do not find any illegality having been committed by the trial Court in allowing the defendant- respondents to file the written statement after the expiry of due date.

The application filed by the plaintiff-petitioners under Order VIII Rule 1 of the Code has been rightly dismissed by the Court below, which is consistent with the view taken by the Supreme Court in Kailash v. Nanhku & others, 2005(2) RCR (Civil) and Salem Advocate Bar Association, Tamil Nadu v. Union of India, JT 2002 (9) SC 175 & JT 2005(6) SC 486.

Dismissed.

(M.M. KUMAR)

R.S.A. No. 3277 of 2005 (O&M)

March 16, 2006 JUDGE

Pkapoor


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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