JUDGMENT

V. Kameswar Rao, J. - I.A. 2906/2019 in CS(OS) 149/2018 & OA 22/2019 in CS(OS) 182/2019

1. By this order, I shall decide an application being I.A. 2906/2018 in CS(OS) 149/2018 and Chamber Appeal being OA 122/2019 in CS(OS) 182/2019. I.A. 2906/2019 has been filed by defendant Nos. 2, 3, 4 and 6 in the said suit, whereby defendant Nos. 2, 3 and 6 have sought condonation of 131 days delay and defendant No.4 has sought condonation of 15 days delay in filing the written statement. Similarly, the Chamber Appeal being OA 122/2019 has been filed by the plaintiffs challenging the order of the learned Joint Registrar dated September 30, 2019 whereby the learned Joint Registrar has closed the right of the plaintiffs to file replication to the written statement filed by the defendants in the said suit.

FACTS of I.A. 2906/2019 in CS(OS) 149/2018:-

2. The suit has been filed by the plaintiff against the defendants for recovery of Rs.2,98,70,000/-. Summons were issued to the defendants on April 11, 2018, returnable on July 11, 2018. It appears that the plaintiff has filed an application for placing on record amended memo of parties and the said application was listed before the learned Joint Registrar on May 17, 2018 when the learned Joint Registrar directed issuance of summons to all the six defendants and made it returnable on July 11, 2018, the date already fixed. On July 11, 2018 one Mr. Mayank Bamniyal, Advocate appeared for the defendants and sought time to file vakalatnama. The learned Joint Registrar has also directed filing of the written statement within the statutory period with a direction to supply advance copy to the plaintiff and adjourned the matter to September 07, 2019.

3. On September 07, 2019 Mr.Bamniyal stated that he appears for defendant Nos. 1, 2, 3 and 6 only and does not represent defendant Nos.4 and 5. He sought more time for filing the written statement as per law. Accordingly, fresh notices were issued to defendant Nos.4 and 5, returnable on October 30, 2018. On October 30, 2018, no written statement was filed by the defendant Nos.1, 2, 3 and 6. The learned Joint Registrar noting the fact that the prescribed period for filing the written statement has already expired, had observed that law shall take its own course. In the meantime, Mr. Rushab Aggarwal, Advocate accepted summons for defendant Nos. 4 and 5, who were still unserved and stated that he shall take appropriate steps for filing the written statement. The matter was posted for December 19, 2018. On December 19, 2018, the learned Joint Registrar has noted the fact that defendant Nos.1 to 4 and 6 have filed an application for condonation of delay. Be that as it may, fresh summons were issued to the defendant No.5. The matter was posted on February 14, 2019. On February 14, 2019, the learned Joint Registrar has again reiterated that the written statement on behalf of defendant Nos.1 to 4 and 6 has not been filed within the statutory period. The defendant No.5 was also proceeded exparte.

4. The present application has been filed with the following averments: -

"3. That the counsel for the defendant Nos. 2, 3, 4 and 6 were engaged in the captioned matter on 14.12.2018 and filed their written statement on 18.12.2018.

6. At the time of filing the written statement there is a delay of 131 days for the defendant Nos. 2,3 and 6 as they were severed the summons on 10.07.2018. Further, at the time of filing the written statement on behalf of the defendant No.4, there is an inordinate delay of 15 days in filing the written statement as summons were served upon her on 04.11.2018 Further, a proxy counsel had appeared on behalf of the defendants on 30.10.2018 and sought time to file the written statement.

7. That initially once the suit was filed on behalf of the plaintiff, the defendant Nos.2,3,4 and 6 were in the process of coordinating with each other and were trying to get in touch with the defendant No.6. The defendant No.6 being a senior citizen was not ke