ASHWANI NAYYAR Vs. SUNIL ANAND

JUDGEMENT

(1.) The order impugned before this Court is the order dated 18.09.2007 vide which the application filed by the Defendant namely Sunil Anand i.e. his application under Order 12 Rule 6 of the Code (hereinafter referred to as the 'Code') read with under Order 7 Rule 11 of the Code as also read with Section 8 of the Arbitration and Conciliation Act had been dismissed; this was qua the Defendant. The Plaintiff had also filed an application under Order 8 Rule 10 of the Code seeking a judgment forthwith on the ground that the Defendant inspite of opportunity having been granted to him had not filed his written statement within the stipulated period; judgment should be pronounced forthwith. The impugned order had dismissed both the applications i.e. application filed by the Defendant as also the application of the Plaintiff.

(2.) The Plaintiff is Ashwani Nayyar; he has filed the present suit for a declaration seeking a decree of declaration to the effect that the dissolution deed dissolving the partnership between the Plaintiff and the Defendant i.e. dissolution deed dated 31.10.1992 be declared null and void as it was obtained by fraud and mis-representation. This is the gist of the suit filed by the Plaintiff. He is represented today. None has appeared for the Defendant.

(3.) The grievance of the Plaintiff is that he was entitled to judgment forthwith and the impugned order granting time to the Defendant to file his written statement suffers from an illegality. Reliance has been placed upon a judgment of the Apex Court reported in : M/s Aditya Hotels (P) Ltd. v. Bombay Swadesh Stores Ltd. and Ors., 2007 AIR(SC) 1574 to support his submission that until and unless an exception is made out, extension of time should not be granted in filing the written statement; No. such case is made out in the instant case.