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2007 Supreme(Del) 959

SANJIV KHANNA, MUKUNDAKAM SHARMA
Suman Jain – Appellant
Versus
Jaimala Jain – Respondent


Advocates Appeared:
V. K. Shali, for Appellants; Ms. Sunita Harish, Girish Aggarwal with Rajesh Kumar, for Respondents.

Judgement

Dr. MUKUNDAKAM SHARMA, C.J. :- The present appeal is directed against order dated 18th September, 2006 passed by the learned single Judge dismissing the application plication filed by defendants 7-10, praying for condonation of delay in filing the written statement.

2. In the suit filed by the respondents herein, the appellants namely, defendant No. 7 and defendant No. 10 did not file the written statement within the statutory period prescribed under Order VIII, Rule 1 of the Code of Civil Procedure (the Code for short). Consequently, they filed an application seeking condonation of delay in filing the written statement. Objection was taken at that stage by the respondents/plaintiffs that the written statement has not been verified in accordance with law and is not accompanied by any affidavits which are statutorily required to be filed. Affidavits of defendant No. 7 and defendant No. 10 filed along with the written statement merely state that "contents of affidavits are true and correct to my knowledge and belief". Since the affidavits and verification were not in terms of the provisions and as required, the learned single Judge held that the written statement cannot be ta





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