P.B.Mukharji, J. - (1.) This is a battle over technicalities.
(2.) It is an application by the defendant for dismissal of the suit under Order 9, Rule 5, Civil P. C. The notice of motion was taken out by the defendant firm on 4-9-1953 and by special leave made returnable on 8-9-1953. The notice of motion seeks first for an order that the suit be dismissed and then asks that if the suit be not dismissed, the time for filing written statement be extended.
(3.) To appreciate the controversy the relevant facts should be set forth.;