written statement only on 30.10.2023 beyond the period of 120 days, the present application is not maintainable and the defendant's right to file the written statement stands forfeited. The plaintiff also contends that since the plaintiff's counsel has served the suit papers to the defendant's counsel on 21.06.2023 itself, the defendant cannot now plead that the limitation period for the purpose of filing the written statement will have to be calculated only from 04.07.2023 when the suit summons was served on the defendant as per the form prescribed under the Original Side Rules. According to him, even as per the Original Side Rules, the suit summons can be served on the defendant either as per the prescribed form or with variations. According to the plaintiff, since the defendant was served with the suit papers on 21.06.2023 itself through a Communication sent by the plaintiff's counsel and the defendant has also contested the Interlocutory Applications filed by the plaintiff, the present application filed by the defendant to condone the delay of 88 days in filing the written statement is not maintainable since the written statement has been filed beyond the maximum statutory period of 120 days from 21.06.2023 when the suit papers were served.
