BALBIR RAJPUT Vs. R.P.EXPORTS

JUDGEMENT

(1.) The plaintiff has instituted this suit for recovery of Rs.1,99,12,000/- jointly and severally from defendant No.1 R.P. Exports and its partners defendant No.2 Rekha Kushwaha and defendant No.3 Jatan Kumar.

(2.) The suit came up first before this Court on 5th February, 2018, when summons thereof were ordered to be issued and in response whereto, the defendants appeared through counsel. The order dated 13th November, 2018 records that written statement had been filed by the defendants; the written statement was not filed within the prescribed time; though the counsel for the defendants stated that an application for condonation of delay had been filed but the said application was not on record. The order dated 14th January, 2019 records the statement of the counsel for the plaintiff that since the delay in filing the written statement was of 20 days only, the same be condoned subject to payment of costs. Vide the same order dated 14th January, 2019, the delay in filing written statement was condoned subject to payment of Rs.5,000/- to the plaintiff.

(3.) The costs was not paid inspite of repeated opportunities as recorded in orders dated 28th February, 2019, 15th April, 2019 and 23rd July, 2019 and ultimately vide order dated 11th October, 2019, the written statement which was permitted to be taken on record subject to payment of costs, was said to be not on record and not entitled to be considered.