The main legal point established in the judgment is that the extension of time for filing the written statement should only be granted in exceptional circumstances, with reasons recorded in writing, and not as a matter of routine, in accordance with Order 8, Rule 1 of the Code of Civil Procedure.

T. Nandakumar Singh, J.

1. This revision petition is directed against the very cryptic order dated 12.6.2008 passed by the learned Civil Judge (Jr. Divn.), Imphal in Judl. Misc. Case No. 72-A of 2008 (Ref. Original Suit No. 34 of 2007) for allowing the Respondent/Defendant No. 1 Shri Konthoujam Babungou Singh to file the written statement subject to cost of Rs. 300/-. The impugned cryptic order dated 12.6.2008 is quoted hereunder:

THE ORDER PASSED ON 12.6.2008.

Heard both the learned Counsel. Perused the materials on record, also gone through, the provision of Order 8, Rule 1. The reasons given by the Plaintiff/Defendant is satisfactory.

Hence, leave granted to file written statement. However a cost of Rs. 300/- is to be paid.

Sd/-

(A. Noutuneshwari Devi)

Civil Judge (Junior Division), Imphal

2. Mr. O. Kiranjit, learned Counsel, appears for the Petitioners/Plaintiffs in Original Suit No. 34 of 2007. None appears for the Respondent/Defendant No. 2, Shri Thokchom Nilachandra Singh without showing any cause inspite proper service of notice of the Revision petition. Mr. Kh. Santa appears for the Respondent/Defendant No. 1, Mr. Konthoujam Babungou Singh.

3. The present Petitioners, as the Plaintiffs, had filed Original Suit No. 34 of 2007 against the Respondent No. 1/Defendant No. 1 Mr. Konthoujam Babungou Singh and Respondent No. 2/Defendant No. 2 Mr. Thokchom Nilachandra Singh, in the Court of Civil Judge (Jr. Divn.) Imphal. The gist, prepared by the Petitioners, of the day to day orders passed by the learned Civil Judge (Jr. Divn.) Imphal in Original Suit No. 34 of 2007 is stated hereunder:

A

“ (i) 19.9.2007 Filing of the suit

(ii) 20.9.2007 Passing of ex-parte interim injunction Order and taking steps by registered post for serving summons to the Respondents.

(iii) 4.10.2007 Counsel for the Defendant 2 filed Vakalatnama on his behalf and waited for Service reports of summon to Defendant 1.

(iv) 31.10.2007 Re-issue summons upon defendant 1 and steps was taken by the plaintiffs.

(v) 3.11.2007 Steps was again taken through process server upon Defendant 1.

(vi) 15.11.2007 Plaintiffs were directed to take steps through the local daily newspapers for serving summon to Defendant 1.

(vii) 17.11.2007 Summon issued on 15.11.2007 to Defendant 1 by publication in the “Naharolegee Thoudang” local Daily newspaper.

(viii) 28.11.2007 Order for ex-parte proceedings against Defendant 1 was passed and the Hon’ble Court further directed Defendant 2 to file his written statement.

(ix) 11.12.2008 Defendant 2 filed his written statement to the main suit (Original Suit No. 34 of 2007) and the same was fixed on 27.12.2007 for issue hearing.

(x) 13.12.2007 The case was not fixed on that day. However, Defendant 1 filed his power of Attorney (Vakalatnama).

(xi) 27.12.2007 Suggested Issue submitted by the Plaintiffs was allowed and prepared for exparte hearing against Defendant 1 by framing the issue, Later, on that day, Counsel for Defendant 1 present.

4. On perusal of the day to day order sheet of the Original Suit No. 34 of 2007, it appears that on 28.11.2007, the learned Civil Judge (Jr. Divn.) Imphal passed the order for proceeding the O.S. No. 34 of 2007 as exparte against the Respondent/Defendant No. 1, Shri Konthoujam Babungou Singh, and also even after effecting proper service of notice/summon to the Respondent/Defendant No. 1, he did not file his written statement in the O.S. No. 34 of 2007 within 30 days from the date of service of summon on him. After 141 days from the date of proceeding the O.S. No. 34 of 2007 as exparte, Respondent/Defendant No. 1 filed an application, which had been registered as Judl. Misc. Case No. 72(A) of 2008, for allowing to file the written statement to the plain in O.S. No. 34 of 2007. A copy of the said application i.e. Judl. Misc. Case No. 72(A) of 2008 filed by the Respondent/Defendant No. 1 is available at Annexure-A/14 to the present Revision petition and the same is quoted hereunder:

In the Court of the Civil Judge

Junior Div