IA No. 3118/2013 (O.VIII Rule 1 CPC)

G.S. Sistani, J. (Oral):--

1. This is an application under Order VIII Rule 1 CPC read with Section 5 of the Limitation Act for condonation of delay in filing the written statement. The plaintiff has filed the present suit for the recovery of Rs. 23,88,505/- along with interest. Admittedly, defendants were served with the summons in the suit in the month of June 2012. The order sheet reveals that on 03.07.2012 counsel for the defendant had entered appearance and undertaken to file his vakalatnama within one week. 30 days’ time was granted to file the written statement. The matter was thereafter adjourned to 14.9.2012. On the said date, the Joint Registrar noticed that neither the vakalatnama nor the written statement had been filed. Time was granted to the plaintiff to file affidavit by way of evidence and the matter was adjourned to 21.02.2013, on which date plaintiff’s witness was examined and discharged. No written statement was on record even on that day but a submission was made by learned counsel for the defendant that the written statement had already been filed on 20.12.2013. Opportunity was granted to cross-examine the witness of the plain

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