IMPORTANT POINT
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from the court.

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 plaintiffs drafted an additional written statement on 15th and 22nd September, 2023 and it was then sent to the representatives of the plaintiffs for their comments on the same.

5. In the meantime, the puja vacation of this Court had begun from 19th October, 2023 to 16th November, 2023 and during that period, the Advocate of the plaintiffs was not available and the plaintiffs could revert only after the puja vacation. The Counsel for the plaintiffs settled the said written statement on 24th November, 2023 and again on 29th November, 2023, the same was forwarded to the representatives of the plaintiffs with some queries against the allegations made in the written statement and counter claim and sought for supporting documents to controvert the counter claim of the defendants no.1, 2, 3, 5 and 6.

6. The representatives of the plaintiffs reverted with supporting documents to the queries only on 10th January, 2024 after going through the records of the accounts for the financial years 2012-13 to 2020-2021.

7. Mr. Rupak Ghosh, Learned Advocate representing the plaintiffs submits that the previously the records of accounts of the plaintiff no.1 were maintained in registers as such the representatives of the plaintiffs had to go through such old records which were lying in the godown of the plaintiff no.1. He submits that at the time of searching of the old records, the plaintiffs discovered that many of such records were destroyed which led to the herculean task of referring to the concern documents for such entries which were required to fulfil the queries of the counsel in order to finalise the additional written statement.

8. Mr. Ghosh submits that only upon finding the concerned documents lying in the godown, the additional written statement could be finalised through conferences held on 17th January 2024, 4th February 2024 and 15th February, 2024.

9. Mr. Ghosh submitted that a bare reading of the order dated 13th July, 2023, it would be apparent that neither the plaintiffs have been given any opportunity to file additional written statement nor any time was fixed for filling of the same and hence, the present application becomes necessary for the plaintiffs in order to file their additional written statement.

10. Mr. Ghosh submitted that there is no time limit specified in filing additional written statement to the counter claim as it would be evident from the provisions of Order VIII, Rule 6A(3) of the Code of Civil Procedure, 1908, which only specifies that an additional written statement can be filed after obtaining leave of the Court. He submits that such proposition of law would also be evident from the provisions of Order VIII, Rule 9 read with Order VIII Rule 10 of the Code of Civil Procedure.

11. Mr. Ghosh submitted that Order VIII, Rule 9 read with Order