In a suit for partition, separate possession and perpetual injunction the appellants were arrayed as defendant Nos.
The logic as appears from the orders passed by the trial companyrt and the High Court is that there was numberscope for granting time to file written statement beyond the prescribed period of 90 days.
Time was allowed till 19.2.2004.
On the said date another application was filed for extension of time to file the Written Statement.
The appellants were summoned under Order V Rule 1 5 CPC on 21st October, 2003.
The appellants filed writ petitions before the Bombay High Court, Aurangabad Bench which were numbered as Writ Petition Nos.2500 and 2501 of 2004.
They sought time to file the Written Statement and by order dated 29th October, 2003 the trial companyrt granted time till 17.11.2003.
16523/2004 ARIJIT PASAYAT, J. Leave granted.
Challenge in these appeals is to judgment rendered by a learned Single judge of the Bombay High Court in WP Nos.
2500 and 2501 of 2004.
As 19.2.2004 was a holiday the written statement was filed on 20.2.2004.
The writ Petitions filed by the present appellants were dismissed by learned single judge holding that the trial companyrt was right in its view that there was numberscope for granting extension of time beyond the period of 90 days to file the written statement, in view of the amendment to the Code of Civil Procedure, 1908 in short the CPC by Civil Procedure Code Amendment Act, 1999 in short the 1999 Amendment Act .
144 of 2003 in the Court of Civil Judge Senior Division , Latoor.
Trial companyrt refused to accept the written statement on the ground that the written statement was filed beyond the period of 90 days.
1 was Special Civil Suit No.
Factual background needs to be numbered in brief.
Both the appeals involve identical issues except that appellant Shaikh Salim Haji Abdul Khayumsab was respondent No.
Arising out of S.L.P. C No.
The suit filed by respondent No.
15 in the suit and appellant Kanti Lal was defendant No.
15807 of 2004 With Civil Appeal No.6918 of 2005 Arising out of SLP C No.
