SCG CONTRACTS INDIA PVT LTD Vs. K S CHAMANKAR INFRASTRUCTURE PVT LTD & ORS

JUDGEMENT

(1.) Leave granted.

(2.) In the present case, a Suit was filed on 10.03.2017 claiming a sum of Rs.6,94,63,114/-. The Defendant No.1 was served with the summons in the Suit on 14.07.2017. 120 days from this date takes us to 11.11.2017, by which date no written statement had been filed. Meanwhile, however, an Order 7, Rule 11 application was filed. This application was taken up and rejected by the first impugned order dated 05.12.2017. After rejecting the Order 7, Rule 11 application, the learned Single Judge recorded that none appeared for the plaintiff inspite of advance copy stated to have been given. He also records that the counsel for the defendant No.1 now states that seven days time be granted to file a written statement. Para 14 of the aforesaid order then reads as follows:

(3.) In obedience to this order, a written statement was filed on 15.12.2017 by the defendant No.1. By a belated application dated 06.08.2018, it was averred that the recent changes that have been made in the Code of Civil Procedure were not adhered to as a result of which the written statement which had yet to be taken on record could not so to be taken on record in view of the fact that 120 days had elapsed from the date of service of summons of this Suit.