DEBANGSU BASAK, J.:-

Scope of the Appeal

1. Appellant has assailed the order dated March 28, 2023 passed in IA GA 5 of 2023 in CS 340 of 2000.

2. By the impugned order dated March 28, 2023, learned Single Judge has dismissed the application of the appellant seeking extension of time to file written statement.

Contentions of the Appellant

3. Learned Senior Advocate appearing for the appellant has contended that, the writ of summons of the suit was never served upon the defendant as, the same was never lodged by the plaintiff. Therefore, there was no delay in filing the written statement. In fact, the suit is liable to and should be dismissed for not lodging the writ of summons.

4. In support of the contention that, the writ of summons was not lodged by the plaintiff in the suit, learned Senior Advocate appearing for the appellant has drawn the attention of the Court to the order dated November 7, 2025 and the report of the office of the Sheriff, pursuant to the order dated November 7, 2025. He has pointed out that, the report of the Office of the Sheriff dated November 11, 2025 states that, no writ of summons for the suit was ever lodged. Consequently, he has contended that, the question