MAHARAJ SINHA, J. - (1.) ON 16 April 2007, when the plaintiff was about to complete his evidence, learned Counsel engaged by the sole defendant appeared in Court for the first time and submitted that the defendant was willing to defend the suit and for such purpose the defendant would make necessary application for obtaining leave to enter appearance and seek direction for filing a written statement to contest the suit instituted by the plaintiff in this Court. When this prayer was made on behalf of the defendant by the defendant's learned Counsel the suit was already heard on several days, namely 11 December 2006, 18 December 2006, 15 January 2007, 20 February 2007, 7 March 2007, 14 March 2008, 28 March 2007, 4 April 2007 and 5 April 2007, as an undefended suit.
(2.) IT should, however, be mentioned here that the plaintiff was allowed to proceed with the suit treating it to be an undefended suit as I was satisfied on the basis of the records of the proceeding regarding the due service of writ of summons upon the defendant including the necessary certificates issued by the Registrar, Original Side and by the Sheriffs Office. It is an admitted position however that when the learned Counsel appeared on behalf of the defendant on 16 April 2007 and made the above prayer the defendant did not even enter appearance to contest the suit. It was submitted on behalf of the defendant that the defendant was unable to contest the suit as no writ of summons was ever served upon the defendant and as such the defendant was not in the know that the above suit was instituted by the plaintiff in this Court and the same was being heard as an undefended suit.
(3.) HOWEVER , after considering the submissions of the learned Counsel both for the plaintiff and the defendant I adjourned the suit till 25 April 2007 and in the mean time learned Advocate-on-record of the defendant was given liberty to inspect the records of the suit proceeding except the depositions of the plaintiff and his witness/witnesses, who had already given evidence in Court by then, upon notice to the learned Advocate-onrecord of the plaintiff and in the presence of an officer of this Court.;