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2006 Supreme(Del) 979

MANJU GOEL
HTIL Corporation; B. V. – Appellant
Versus
Ajay Kohli – Respondent


Advocates appeared:
Mr. Pravin Anand & Mr. Mohit Lahoty, Advocates for the Plaintiffs.
Mr. M.L. Bhargava, Adv., for the Defendants 1 & 2.

Manju Goel, J.

1. IA No. 3014/06 is an application under Order 8 Rule 10 of the Code of Civil Procedure (in short 'CPC') for striking off the defence of the defendants and for pronouncing the judgment against the defendants. Reply to the application has been filed. IA No. 5506/06 is an application by defendants 1 & 2, hereinafter referred to as 'defendants', under Order 8 Rule 1 CPC for condoning the delay in filing the written statement. Both the applications are disposed of by this order.

2. The facts leading to the filing of the present application are as under: The suit was presented on 19.7.2005. On 20.7.2005 this court, inter alia, passed an order for issue of summons through ordinary process as well as through Regd. A.D. The defendants were served with summons on 2.8.2005. On 18.8.2005 Mr.S.K.Tiwari and Mr.Y.R.Sharma put in appearance for the defendants. The summons required the defendants to file their written statement within 30 days from the date of the service. The written statement of defendant Nos.l & 2, therefore, should have been filed by 1.9.2005. Although the defendants put in appearance on 18.8.2005 through Shri S.K.Tiwari and Shri Y.R.Sharma, Advocates, no written























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