ESS AAR UNIVERSAL PVT. LTD. (M/S.) Vs. SWARUP INDUSTRIES (M/S.)
LAWS(ALL)-2007-12-205
HIGH COURT OF ALLAHABAD
Decided on December 04,2007

Ess Aar Universal Pvt. Ltd. (M/S.) Appellant
VERSUS
Swarup Industries (M/S.) Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) The petitioner is the defendant of Original Suit No. 49 of 2006 that had been filed before the Judge, Small Cause Courts for eviction of the defendant from the property in dispute and for decree of Rs. 5,22,350/- towards the outstanding rent and for damages.
(2.) The defendant was served with the summons of the Suit on 13th November, 2006. The written statement was not filed by the defendant within the time stipulated in Order 8, Rule 1 of the Code of Civil Procedure (hereinafter referred to as ''CPC') and it was only on 14th August, 2007 that an application was filed by the defendant for condoning the delay in filing the written statement. Objection was filed to the said application and ultimately the application was rejected by the Judge, Small Cause Courts by the order dated 3rd November, 2007.
(3.) This Civil Revision has been filed for setting aside the order dated 3rd November, 2007.;


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