B M Tiwari v. Ramdin Gupta
Case brief
What is this about?
Defendant in a commercial suit had his written statement taken off the record despite filing it, along with the affidavit of admission/denial of documents, within the 120-day outer limit. The court directed that both be deemed on record, imposed Rs.25,000 cost, and ordered fresh hearing of an Order VI Rule 17 amendment application.
What did the court decide?
Written statement and admission/denial affidavit deemed on record; Rs.25,000 cost imposed on defendant; Order VI Rule 17 application to be heard afresh.