Civil Revision Petition filed by plaintiff aggrieved by order dismissing suit due to non-filing of written statement. Court held plaintiff cannot question dismissal without extension application. Revision dismissed.
Criminal Revision Petition is dismissed. There shall be no order as to costs.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
CIVIL REVISION PETITION No.3821 of 2015
ORDER:
This Civil Revision Petition is filed aggrieved by the docket order, dated 20.07.2015, passed in O.S.No.1148 of 2014 on the file of the XXIV Additional Chief Judge, City Civil Court, Hyderabad, which reads as under:
“Written Statement of D1 to D3, D5 to D8 and D10. Issue fresh Summons to D11. Call on 29.07.2015.”
The petitioner herein is the plaintiff in the aforesaid suit filed against the respondents herein. The only contention advanced by learned counsel for the petitioner is that the defendants made their appearance before the Court below on 26.02.2015 and that even after expiry of time prescribed under the Code of Civil Procedure for filing the written statement, the same is not filed and no explanation is sought thereof.
If written statement is not filed within time, it is for the defendants to file appropriate application seeking extension of time, but at the same time the petitioner being the plaintiff cannot question extension of time merely on the ground that there was no application seeking extension of time. This Court does not find any reason so as to interfere with the impugned order at this stage. The revision is, therefore, devoid of merits.
Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
The miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.
R.SUBHASH REDDY, J
09.10.2015
v v
1 issue framed by the court
Whether the plaintiff can challenge the lower court's dismissal of a belated written statement by defendants due to absence of an extension application.
Petitioner
Respondents
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
