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Judgment
This application has been filed by the defendant for extension of time to file the written statement.
It is the admitted case of the defendant that the writ of summons was served on the defendant on 23rd July, 2013, as has been disclosed by the document issued by the Sheriff's Office and annexed to the affidavit-in-opposition of the plaintiff.
Learned senior counsel appearing for the defendant/applicant relies on an order passed by this Court on 20th September, 2017 by which, inter alia, the defendant was given leave to file written statement. Counsel submits however that no steps pursuant to the aforesaid order was taken as witness action had already been started in the suit and the defendant was advised to file an application for extension. It should be noted however that the order dated 20th September, 2017 records that the defendant, as on that date, was ready with the written statement which had already been affirmed on 22nd March, 2016.
The grounds disclosed in the instant application are mainly of the interlocutory proceeding in which the defendant was represented.
Learned senior counsel for the plaintiff points to the fact that even if the order dated 20th September, 2017 is taken into account, there has been a considerable delay on the part of the defendant in filing the present application and that the period of limitation in relation to filing of written statement after service of summons, cannot be overlooked.
However, having regard to the fact that the written statement had been affirmed in March, 2016 and leave had been granted to the defendant to take required steps for filing of such and further that the instant application was affirmed two months from the date of such order, this Court is of the view that the defendant may be given an opportunity to file its written statement. It is also necessary to point out that counsel for the defendant submits that the written statement can be filed as of today. However, it is necessary that the defendant be put on terms by reason of the unexplained delay of four years from the date of receipt of the service of summons to the order passed in September, 2017.
GA 3491 of 2017 is allowed in terms of prayers (a) and (b). Needless to say, the defendant will be allowed to file the written statement only after it enters appearance in the instant suit, subject to costs assessed at Rs. 40,000 being paid by the defendant to the school attached to Adyapeeth for destitute children within a fortnight from date. The written statement will have to be filed within a week from today.
After filing of the written statement, parties are given two weeks time to complete discovery and inspection of documents.
List this matter in the first week of February, 2019 for framing of issues.