Amitava Lala, J. - (1.) This is an application made by the defendant Nos. 1 and 6 seeking time to file the written statement with other incidental prayers.
(2.) The back ground of the case is that although the suit was instituted in 1995, the defendants did not enter appearance and ultimately advertisements were published on June 23, 1999, and June 25, 1999, respectively in two newspapers. Even thereafter had come forward-neither the client nor the respective advocates-on-record M/s. Sinha & Company for-obtaining time to file the written statement. Only on October 1, 1999, a letter was written by such advocates-on-record to the plaintiff requesting service of copy of the plaint to enable them to take appropriate steps. The learned counsel for the petitioners have contended that their clients were out of the country, therefore, no step could be taken during such period.
(3.) It appears from the submission as made by the learned counsel appearing for the petitioners that the case is made out in the reply, but really no case has been made out in the application. The petitioners have taken a plea that in fact the Company is defunct and Special Officers were appointed in this respect. Therefore, there was no such service upon them nor to the Special Officers.;