ORDER

Per: Justice Vivek Rusia

The petitioner/defendant has filed this present petition being aggrieved by the order dated 07.11.2024 whereby application under Order VIII Rule 10 of the Civil Procedure Code, 1908 filed by the respondent No.1/defendant has been allowed and right of the petitioner to file written statement has been forfeited upon expiry of 120 days from the date of service of summons.

Facts of the case in brief are as under :

2. The respondent No.1/plaintiff has filed a Commercial Suit No. 16/2021 before the Commercial Court, Indore on 04.03.2021 against the present petitioner and respondents No.2 as defendents No.2, respectively under Order VII Rule 1 of the CPC read with Section 55 of the Copyright Act, 1957. The respondent No.1/plaintiff paid court fees of Rs. 2,000/- for the relief of awarding damage with an undertaking to pay such additional court fees, as may be required. The petitioner being defendant No.1 filed an application under Order VII Rule 1 read with Section 151 of the CPC raising the ground that the plaint is liable to be rejected under Order VII Rule 11 (b)(c)&(d) of the CPC for want of proper valuation and payment of ad-valorem court fees. It was furth