A single judge application under CPC Order VIII Rule 1 seeking condonation of 79 days delay in filing written statement. Allowed with costs. Plaintiff to receive Rs. 2,500/-.
Application allowed with costs; applicant directed to pay Rs. 2,500/- to plaintiff; written statement to be taken on file upon payment.
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A.No.2831 of 2021 in C.S.No223 of 2020
This application is filed to condone the delay of 79 days in filing
the written statement.
2.The applicant has stated that due to his ill health and covid 19
situation, he was not able to give all the particulars to his counsel, who
sought for preparing the written statement.
3.In the light of Order VIII Rule 1 of C.P.C. As amended by the Commercial Courts Act, since the delay is less than 120 days from the date of receipt of the suit summon, but more than 30 days, this application is allowed with costs. The applicant is directed to pay Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the plaintiff on or before 06.09.2021. On such payment, the written statement should be taken on file.
4.Post the suit on 07.09.2021 for any reply to the written
statement.
17.08.2021
vri
1/2
DR.G.JAYACHANDRAN,J.
VRI
A.No.2831 of 2021
in C.S.No223 of 2020
17.08.2021
2/2
1 issue framed by the court
Whether the delay of 79 days in filing the written statement should be condoned.
1 provisions across 1 enactments
Applicant
Plaintiff
Dr.G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
