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1978 Supreme(Pat) 118

MADAN MOHAN PRASAD
Bindeshwari Kamkar – Appellant
Versus
Radha Tiwari – Respondent


Judgment

1. This application in revision is directed against an order by which the Court below has refused to allow the petitioners to file a written statement on their failure to do so within the time allowed by the court.

2. It appears that the suit out of which the present application arises was filed on the 28th of April, 1976. Summonses were issued to the defendants for framing of issues fixing 31st of May 1976. On that date a petition for time was filed by the defendants. Still the court fixed 30th of June, 1976 awaiting service report of summons issued. On the last mentioned date the defendants applied for time to file a written statement. The case was adjourned for this purpose to the 17th of Sept., 1976. Again there was a similar petition for time and the court again adjourned it to 7th of Jan., 1977 stating, however, that the defendants must file their written statement by that date failing which further time would not be granted. The defendants still did not file their written statement when the case was taken up on the 7th of Jan. 1977 and they again applied for time. The court rejected the application and ordered that the defendants shall be precluded from filing any wr






















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