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2003 Supreme(Kar) 369

G.C.BHARUKA
SAVITHA GUPTA – Appellant
Versus
NAGARATHA – Respondent


Advocates:
M.V.RAGHUNATHACHAR, RAJASHEKAR SIRI

G. C. BHARUKA, J.

( 1 ) THE defendant has preferred this revision petition against the order dated 26-2-2003 passed in O. S. 2053/2002. By the impugned order, the Court below has refused to entertain the written statement which was filed beyond the period prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908.

( 2 ) THE suit is one for ejectment of the defendant from the suit schedule premises. It was filed on 1-4-2002. On 5-4-2002 summons were directed to be issued to the defendant through court and by RPAD returnable by 2-7-2002. The order dated 2-7-2002 of the Court below shows that the summons were served and the defendant appeared through an Advocate. Though under the amended Order VIII Rule 1 the defendant was required to file written statement within one month of service of summons, she failed to do so. She did not make any prayer even for extending the time which could have been upto 90 days under proviso to the said rule. The case was accordingly posted for evidence of the plaintiff. On 4-2-2003 the plaintiff filed an affidavited Examination-in-chief. The case was posted to 22-2-2003 for cross-examination of P. W. 1. Though P. W. 1 was present for cross-exa














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