Dr. Bhakthavatsala, J.

1. The appellant/plaintiff in O.S.No.2724/2003 on the file of Additional City Civil Judge at Bangalore city, is before this Court under Section 96 of CPC, praying for setting aside the Judgment and Decree dated 09.11.2005. made in the above said suit.

2. The brief facts of the case leading to the filing of the appeal may be stated as under:

The appellant/plaintiff filed a suit in O.S.No. 2724/2003 on the file of city civil Judge at Bangalore city, against the respondent for recovery of money of Rs.2,59,518/- with interest at the rate of 24% p.a. In spite of service of summons on the defendant, he remained absent. On service of notice, the counsel for the defendant filed vakalath on 20.12.2003. But written statement was not filed within a period of 90 days. Permission was sought for filing written statement. The application filed by the defendant seeking permission to file written statement was rejected on the ground that the Trial Court had no Jurisdiction to condone the delay. On 02.09.2004, an application (I.A.No.IV) was filed under Order VII Rule 11(d) and Section 151 of CPC, praying the Court to reject the plaint on the ground that the suit was