ALBERT MORRIS Vs. J.B. SIMONS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved since his application under Order IX Rule 13 C.P.C. has been dismissed by the Trial Court and the same has been upheld by the High Court in the First Appeal.

(3.) The main ground taken by the Trial Court as well as by the High Court is that along with the application for condonation of delay, the written statement was not filed. It is also stated that there was no application for condonation of delay in filing the application under Order IX Rule 13 CPC.