JUDGMENT (Oral)

1. This petition under Article 227 of the Constitution of India assails the orders dated 8th June 2022 and 5th November 2022, passed by the learned Civil Judge in CS 299/2021 (Parmod Kumar Gupta v. Akhilesh Mishra). The order dated 8th June 2022 closed the right of the petitioner, as the defendant in the suit, to file written statement and struck off his defence. An application, by the petitioner, seeking recall of the order was dismissed by the learned Civil Judge, vide the second impugned order dated 5th November 2022.

2. Ordinarily, this Court is inclined to be lenient in the matter of filing of written statement and the time provided in that regard by the CPC. However, if the prayer of the petitioner, in this case, were to be granted, it would amount to this Court consigning, altogether to oblivion, the provisions of Order VIII Rule 1 of the CPC.

3. The written statement, under Order VIII Rule 1 of the CPC, is required to be filed within 30 days of receipt of summons. For good cause, the said period is extendable upto 90 days. In its judgment in Kailash v. Nanhku, (2005) 4 SCC 480 and Rani Kusum v. Kanchan Devi, (2005) 6 SCC 705, the Supreme Court has h