Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3472 OF 2008
(Arising out of S.L.P. (C) No.4439 of 2007)
Raviansh Kumar ...Appellant(s)
Versus
Chandravati Tiwari and Ors. ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the appellant.
The Trial Court refused to grant time to the appellant to file written
statement, which order has been confirmed by the High Court in revision. Hence, this
appeal by special leave.
Nobody has appeared on behalf of the respondents to contest the prayer
made in the petition, in spite of service of notice.
In our view, in the facts and circumstances of the case, the Trial Court as
well as the High Court were not justified in refusing the prayer for filing written
statement.
Accordingly, the civil appeal is allowed, impugned orders are set aside and
the appellant is granted eight weeks’ time from today to file written statement before
the Trial Court.
No costs.
..............
........J.
[B.N. AGRAWAL]
..............
........J.
[G.S. SINGHVI]
New Delhi,
May 09, 2008.