(1.) By this order I propose to dispose of two applications, one under Order VIII Rule 10 of the Code of Civil Procedure for striking of the defence of the defendants and for grant of a decree against the defendants on account of their failure to file written statement within the time prescribed under Order VIII Rule 1 of the Code of Civil Procedure and the other under Section 151 of the Code of Civil Procedure for condonation of delay in filing the written statement beyond the statutory period.
(2.) The facts leading to the filing of aforesaid applications are as under:-
(3.) The text of Order VIII Rule 1 in its present form as it stands after the introduction of the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1.7.2002, reads as under:-