KALPANA PATOWARY Vs. SUPER CASSETTES INDUSTRIES LTD
HIGH COURT OF DELHI
SUPER CASSETTES INDUSTRIES LTD
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MUKUNDAKAM SHARMA, CJ. -
(1.) This appeal is directed against the order and judgment dated 3rd May, 2007 passed by the learned Single Judge rejecting the application filed by the appellant/defendant No.1 praying for condonation of delay in filing the written statement.
(2.) The appellant is defendant No.1 in the suit filed by the respondent No.1.
(3.) The contention of the counsel appearing for the appellant is that summons in the suit was not served on the appellant and, therefore, the written statement could not be filed within the stipulated statutory time provided under Order VIII Rule 1 of Code of Civil Procedure. It is submitted before us that since the appellant who is defendant no.1 in the suit, was not served, therefore, the written statement was not filed and subsequently the same was filed although belatedly, which should have been taken on record by the learned Single Judge hearing the suit.;
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