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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

: O R D E R :

Manoj Kumar vs. Mevaram Mehta

(S.B. CIVIL WRIT PETITION NO.3105/2005)

DATE OF ORDER ::: JULY 15, 2005

P R E S E N T

HON'BLE MR. JUSTICE PRAKASH TATIA

_______________________________________

Mr. Girish Joshi, for the petitioner.

BY THE COURT :

REPORTABLE

Heard learned counsel for the petitioner.

The petitioner/plaintiff says that the delay with which

he has raised objection is immaterial and the delay which

was committed by the respondent/defendant in contesting the

suit is more material to the extent that the defendant may

be deprived from raising of the defence in a civil suit.

This has happened because of the fact that as per Rule

1 of Order 8 CPC, the defendant is required to file written

statement within thirty days from the date of service of

summons on him. Proviso to Rule 1 of Order 8 CPC provides

that in case, the defendant fails to file the written

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statement within thirty days period from service of summons

upon him, he can be allowed to file the written statement

only upto the period of ninety days that too from the date

of service of summons only. That is not enough but for that