Sudip Ahluwalia, J. - (1.) GA No. 3957 of 2015 is an application filed on behalf of the defendant in the original CS No. 162 of 2015 praying for time to file its Written Statement in the suit, while GA No. 313 of 2016 was filed on behalf of the Plaintiff seeking summons for judgment in terms of Order 37, Rule 3(4) of the Code of Civil Procedure.
(2.) The plaintiff had filed the suit under Order 37 C.P. Code for recovery of an amount of Rs. 21,98,438/- along with certain ancillary reliefs. It transpires that the defendant had entered appearance in the suit on the 25th of August 2015, and duly notified the Plaintiff's Advocate on the very next day i.e., 26th of August. However the plaintiff filed the application seeking summons for judgment in terms of Order 37, Rule 3(4) being the present GA No. 313 of 2016 only on 18th of January 2016.
(3.) By that time the defendant had already filed its GA No. 3957 of 2015 seeking extension of time for filing its Written Statement. During its pendency, the plaintiff approached the Court praying for summons for judgment by way of GA 313 of 2016, against which the defendant has filed its Affidavit - in - Opposition in which it has been contended that it is entitled to defend the Suit unconditionally in view of the facts revealed from its side. Both of these applications have therefore been taken up together as the result in GA No. 313/2016 is liable to directly affect the outcome of the defendant's application.;