SWAMI RAM TIRATH MISSION Vs. SANJEEV SABERWAL

JUDGEMENT

(1.) I.A. No.9153/2012 has been filed by the defendant praying inter alia for condonation of delay of 88 days in filing the written statement and I.A. No. 9154/2012 has been filed by him for seeking condonation of delay of 162 days in re-filing the written statement.

(2.) The applications, as they stand, are extremely ambiguous for the reason that no relevant dates whatsoever have been furnished by the defendant to state as to the period within which he was required to file the written statement, the date on which the time for filing the written statement had expired, the date on which the written statement actually came to be filed and the dates on which the defendant was travelling to the United Kingdom. The only date furnished in the applications is 04.11.2011, i.e., the date when the defendant states he had returned to India from the United Kingdom and had contacted his counsel for preparation of the written statement.

(3.) It is also relevant to note that though no permission was taken from the Court, the defendant has on his own filed an additional affidavit dated 14.09.2012 to improve upon his case and to substantiate the averments made in the present applications. The defendant has stated in the aforesaid affidavit that the summons in the suit were received by him with a copy of the plaint for his appearance on 27.07.2011. However, documents were not supplied with the plaint. On 27.07.2011, the defendant was granted four weeks time by the Joint Registrar to file the written statement. Pertinently, the aforesaid period of four weeks had expired on 26.08.2011. However, the written statement came to be filed by the defendant after almost three months therefrom, i.e., on 23.11.2011.