PANKAJ MITHAL, J. - (1.) THIS second appeal was decided and was al­lowed by the Court vide judgment and order dated 17.4.1999. However, the afore­said judgment and order of the High Court was set aside by the Apex Court and the matter was remanded vide judgment and order dated 29th October, 1999 passed in Civil Appeal No. Nil of 1999 on a technical ground that the appeal was decided and allowed without formulating substantial question of law.
(2.) ON remand, upon hearing the parties the following substantial question of law was formulated by the Court on 11.9.2000: “The only substantial question of law involved in the appeal is whether the Court below was obliged to grant further time to file written statement even after fixing a date for hearing under Order 8 Rule 10 of Code of Civil Proce­dure.” I have heard Sri Navin Sihna, Senior Advocate assisted by Sri Siddhartha Singh learned Counsel for the appellant and Sri A.K. Shukla, learned Counsel appearing with Sri Rajiv Misra for the respondents at length.
(3.) THE record including the order sheet of the Courts below have been pe­rused by me.;