2010 Supreme(Bom) 206
A.S.OKA
KULDEEP UMRAOSINGH OSTWAL – Appellant
Versus
CHANDRAKANT N. PATEL – Respondent
Advocates:
D.D.Tiwari, G.S.GODBOLE
( 1 ) SUBMISSIONS of the learned counsel appearing for the petitioners were heard yesterday. By this Writ Petition under Article 227 of the Constitution of India, the petitioners who are the original plaintiffs have taken an exception to an order dated 30th January, 2010 passed by the trial Court on a pursis filed by the Advocate for the 1st to 7th respondents. By the said pursis, the said respondents (defendants) adopted their reply at Exhibit 12 as their written Statement. The said reply at Exhibit 12 was filed to an application for temporary injunction. The trial Court by the impugned order accepted the pursis and directed that the reply was already on record which shall be treated as the written Statement. The learned counsel appearing for the petitioners submitted that there was no Written Statement filed by the concerned defendants within the outer limit provided under Rule 1 of Order VIII of the Code of Civil Procedure, 1908 (hereinafter referred to "as the said Code") as amended with effect from 1st july, 2002. He submitted that though the rule has been held to be directory, the apex Court has held that the time for filing Written Statement cannot be extended for asking and
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