JUDGMENT :

Krishna Rao, J.

1. The plaintiffs have filed the present application seeking leave to file the additional written statement to the counter-claim filed by the defendant nos. 1, 2, 3, 5 and 6. On receipt of writ of summons, the defendant nos. 1, 2, 3, 5 and 6 have entered appearance but could not file their written statement within prescribed time, therefore, have filed an application being G.A. No. 3 of 2023 praying for extension of time to file their written statement.

2. By an order dated 13th July, 2023, this Court allowed the application filed by defendants, taking into consideration that the defendants have filed application prior to the expiry of 120 days and the written statement was also verified and affirmed prior to 120 days.

3. The written statement along with counter claim filed by the defendant nos.1, 2, 3, 5 and 6 was duly served upon the plaintiff’s advocate-on-record by a communication letter dated 18th July, 2023.

4. The plaintiffs upon finding out that the defendant nos.1, 2, 3, 5 and 6 had made a counter-claim, instructed their Advocate to prepare an additional written statement. As per the advice of the advocate for the plaintiffs, the Counsel for the plain