JUDGMENT

Shampa Sarkar, J. - This application has been filed under Article 227 of the Constitution of India, challenging the order dated February 18, 2020 passed by the learned Judge, Commercial Court at Alipore , in Money Suit No. 39 of 2019. The petitioner is the defendant in Money Suit No. 39 of 2019. By the order impugned, the learned Court did not accept the written statement filed by the defendant. The learned Court fixed the suit for hearing as an undefended suit.

2. The case of the petitioner/defendant is that the opposite party filed a money suit in the Court of the learned Civil Judge (Senior Division), 4th Court at Alipore on April 17, 2018. It was registered as Money Suit No. 166 of 2018. The defendant received the summons on May 16, 2018. July 13, 2018, was fixed for appearance of the defendant. On July 13, 2018, the defendant prayed for time to file the written statement. The learned Civil Judge (Senior Division) at Alipore, by order No.2 dated July 13, 2018, allowed such prayer of the defendant and fixed October 4, 2018 for filing the written statement. On October 4, 2018, the defendant filed the written statement, which was recorded by the learned Civil Judge in the