Jeet Kaur v. Lalit Kumar

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.1523 of 2015 Date of Decision.03.03.2015 Jeet Kaur .......Petitioner

Versus

Lalit Kumar ......Respondent

Present:

Mr. K.S. Dhillon, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

There is no scope to come before this Court for assailing an order where defence is struck off. The time limit prescribed under Order 8 Rule 1 CPC before when written statement is to be filed, the Supreme Court has found in Salem Advocate Bar Association, Tamil Nadu Vs. Union of India 2005(3) RCR (Civil) 530 to be directory and not mandatory and any person who was unable to file an application for seeking for extension could invoke the very same Court's jurisdiction with an application seeking for extension of time and set out reasons as to why written statement could not be filed. If such an application is filed along with the written statement, the court would consider if there exists any circumstance for condonation of delay and for filing written statement beyond the period of 90 days and pass appropriate orders either receiving the written statement or rejecting the same.

2.

With this liberty, the civil revision is disposed of. (K. KANNAN) JUDGE March 03, 2015 Pankaj* PANKAJ KUMAR 2015.03.04 17:00 I attest to the accuracy and integrity of this document