Sanjay Kishan Kaul, J.— (Oral)

1. The appellant as defendant in the suit failed to file the written statement within the time stipulated or extended whereafter the written statement was sought to be brought on record by filing an application under Order 8 Rule 1 of CPC after delay of 209 days beyond a period of 90 days. The learned single Judge, despite the extraordinary delay, showed indulgence by permitting the written statement to be taken on record, but subject to payment of costs of Rs.1,00,000/- to the respondent and it is only on the imposition of costs that the appellant has filed the present appeal.

2. In order to appreciate as to what is the basis of filing such an application, averments made in the application have to be seen. The only averments made in the application is that the appellant was searching for some scientific literature to establish its case and for this reason there was delay in filing of the written statement. In the impugned order, however, learned counsel for the appellant apparently tried to improve the case of the appellant by canvassing that since the matter at the interlocutory stage went right up to the Supreme Court, focus of the appellan