K.M. DAYAL, J.:- The present first appeal has been filed by the State of Uttar Pradesh and another against the judgment and decree dated 24-11-1980, passed by Sri U.P.S. Kushwaha, Civil Judge, Nainital, in Suit No. 41 of 1980. Dharam Singh the plaintiff respondent filed a suit for recovery of Rs. 1,30,000/- against the appellants on 14-8-1980. The suit was ordered to be registered after Munsarims report and summonses were issued to the defendants under O.V, Rule 1 of Civil P.C. fixing 23-9-1980 for filing Written Statement and 30-9-1980, for settlement of issues. On 23-9-1980, an application, 19-D, was moved by the District Government Counsel, (Civil), on behalf of the State of Uttar Pradesh, praying four months time to file the written statement. The defendants application was partly allowed on payment of Rs. 10/- as costs. He was directed to file the written statement by 3-11-1980. On 3-11-1980 again an application 21-D was filed by the defendants counsel for time to file written statement. No. specific period was mentioned in the application but it was mentioned that the written statement had been prepared and sent to the Legal Remembrancer for his approval. The plainti