JUDGMENT :

TUSHAR RAO GEDELA, J.

[The proceeding has been conducted through Hybrid mode]

CM APPL. 9995/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

CM(M) 329/2023

3. Petitioner challenges the order dated 18.01.2023 passed in CS No. 216/2020 titled as “Ketan Dwivedi vs. Ashok Pratap Singh”, whereby the learned Trial Court has taken on record the written statement filed by the respondent/defendant beyond the stipulated period of 120 days.

4. Learned counsel appearing for the petitioner/plaintiff submits that the sanctity attached to the timelines mentioned under Order 8 Rule 1 of CPC, 1908 in respect of even ordinary suits has to be adhered to strictly and cannot be violated under any condition whatsoever.

5. Learned counsel submits that the exercise of jurisdiction by the Civil Court under Section 148 of the CPC itself is circumscribed to the maximum period of 30 days and definitely not beyond that. Learned counsel submits that having regard to the fact that the learned Trial Court has permitted the written statement of the respondent/defendant to be taken after condoning a delay on 102 days in filing the written statement i