Heard on : November 13, 2025 Judgment on : November 13, 2025 ANIRUDDHA ROY, J :

FACTS :

1. This is an application filed by the defendant no.1, inter alia, praying for the following reliefs :

“a) Grant the kind leave of this Hon’ble Court to the Defendant No.1 to file rejoinder and written statement in response to the written statement cum counter-claim filed by Defendant No.3;

b) Direct the Filing Department of the Original Side to accept the said rejoinder and written statement of Defendant No.1;

c) Pass such further or other order(s) as may be deemed fit and proper in the facts and circumstances of the case.”

2. Learned Counsel appearing for the defendant no.1, Mr. Kushal Chatterjee, submits that he is a co-defendant in the suit along with other defendants. Defendant no.3 has already used a written statement in which a counter-claim is there. Defendant no.1 prays for leave to file a rejoinder and written statement in response to such counter-claim filed by the defendant no.3, as those are diverted against it.

3. Plaintiff has filed the suit against five defendants. The fifth defendant is the proforma defendant. The present applicant is the first defendant.

SUBMISSIONS :

4. Since the third