JUDGMENT

Aniruddha Roy, J.—

In Re: IA NO. GA-COM/2/2025

Facts:

The master summons and the supporting affidavit in IA No.GA-COM/2/2025 has been taken out by the defendant with the following prayers:—

(a) Leave to file the written statement in the instant suit as the same is being filed within the statutory mandate of 120 days;

(b) Such further and/or other Order/(s) and/or Direction/(s) be given and/or made as to this Hon’ble Court may deem fit and proper;

2. Record shows that the master summons was taken out on August 19, 2025. For the purpose of adjudication of this application, the merits of the plaint case or the facts stated in the plaint are not relevant to be discussed, as such, those are not stated.

3. The writ of summons, as per the report of the office of the Deputy Sheriff dated November 26, 2025 was served upon the defendant on April 18, 2025. The mandated 30th day under the amended provision of Rule 1 to Order VIII of Code of Civil Procedure (for short CPC) from the date of service of writ of summons had expired on or before May 17, 2025.

4. The mandated 120th day had expired on or about August 17, 2025. The matter was mentioned before the Coordinate Bench on behalf of