( 1 ) OJ Civil Application No. 140 of 2004 in Admirality Suit No. 5 of 1998 is filed by the applicants "original defendants to pass judgment and decree in terms of prayer (a) and (b) of the counterclaim contending inter alia that the defendants have filed their written statement and counterclaim on 11. 12. 2006 and inspite of 4 years having lapsed since the service of the counterclaim filed by the defendants, the plaintiffs have failed and neglected to file the written statement to the counterclaim and therefore, they have prayed for judgment and decree relying upon Order VIII Rule 5 r. w. Order VIII Rule 10 of the Code of Civil Procedure; 1908 as according to the defendants - the applicants herein, the averments made in the counterclaim stands controverted.

( 2 ) OJ Civil Application No. 150 of 2005 in Admirality Suit No. 5 of 1998 is at the instance of the defendants to permit them to amend the written statement and counterclaim and cure other defects as detailed in Annexure " B and re-verify in terms of verification clause reproduced in Annexure " C. It is also further prayed to permit the defendants to place on record the written statement and counterclaim as amended and re-ver

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