This revision petition, filed by a defendant, sought interference with an order dismissing an application for extension of time to file a written statement under Section 148 CPC. The High Court dismissed the revision.
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THE HON’BLE SRI JUSTICE B.PRAKASH RAO
CRP No. 3131 OF 2010
ORDER:
The petitioner herein who is defendant seeks to assail the order rejecting an application purported to have been filed under Section 148 of Civil Procedure Code seeking extension of time for filing written statement. Admittedly, the petitioner who was set ex-parte filed an application to set aside the same and the said application was allowed long back subject to condition of payment of costs and filing written statement, however, though costs are paid, no written statement was filed. Now the present application has been filed only on the ground that counsel for petitioner has to got some more instructions from the party but the party is out of station and sought for 15 days time. The Court below on consideration of the matter, did not find favour with the same and dismissed the application, hence the revision
Having heard the learned counsel for petitioner and on perusal of the material and especially in view of the very bald and sweeping allegations, the question of invoking provisions of section 148 of Civil Procedure Code, does not arise. The Court below has rightly dismissed the application filed by the petitioner and the same needs no interference by this Court. Accordingly, the revision petition is dismissed. However, the petitioner is at liberty to avail any other remedy available under law. No costs.
_______________ B.PRAKASH RAO,J
Date: 26.03.2010 TVK
The Petitioner
The Respondents
B.PRAKASH RAO
As recorded by the court registry
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