JUDGMENT

Amit Bansal, J. (Oral)

I.A. 4616/2021 (O-VIII R-1 of CPC)

1. The present application has been filed on behalf of the defendant no.1 under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking condonation of delay in filing written statement. Notice in this application was issued on 26th March, 2021. Reply has been filed on behalf of the plaintiff opposing the present application.

2. The relevant facts for deciding the present application are set out hereunder:

2.1. On 10th February, 2020, summons in the suit were served on the defendant no.1.

2.2. On 11th March, 2020, the 30 days period prescribed for filing of written statement expired.

2.3. On 9th June, 2020, the condonable period for filing written statement in terms of second proviso to Order VIII Rule 1 of the CPC expired.

2.4. On 17th October, 2020, the written statement was filed on behalf of the defendant no.1 along with affidavit of admission/denial of documents.

2.5. On 18nd March, 2021, the present application was filed seeking condonation of delay in filing written statement.

3. Counsel for the defendant no.1 relies upon various orders passed by the Supreme Court in Suo Motu W