TRACO CABLE CO LTD Vs. ELKEY INTERNATIONAL LTD

JUDGEMENT

(1.) THIS Regular First Appeal is preferred by the appellant M/s. Traco cable Co. Ltd. against the judgment and decree dated 18. 1. 2007 by which the suit of the respondent-plaintiff was decreed for Rs. 3,56,000/- with costs and pendente lite and future interest @ 6% per annum. The appellant also assails the dismissal of the application, moved under Section 148 CPC, vide order dated 20. 1. 2007 by which the appellant had sought extension of time up to 20. 12. 2006 for filing of the written statement. The application had been dismissed with costs of Rs. 500/- holding the same to be not maintainable after the passing of the judgment and decree.

(2.) THE facts culminating in passing of the judgment and decree on 18. 1. 2007 under Order 8 Rule 10 CPC may be briefly noted.

(3.) WE have heard learned counsel for the appellant Mr. C. N. Sreekumar in support of the appeal. Learned counsel has urged that there was really no occasion for the appellant to have taken up the plea regarding the written statement not being accepted on 3. 12. 2006 as the appellant was bonafide told that the same could be tendered on the next date and in fact, the appellant had so tendered. The said plea had been taken at the earliest opportunity in the reply filed to the application under Order 8 Rule 1 moved by the respondent-plaintiff. In the reply, the plea of the appellant regarding preparation and signature of the written statement in Cochin and tendering of the same on the 3rd of December, 2006 was duly stated. The application was supported by the affidavit of the counsel. Hence, there was no occasion to insist on the affidavit of the clerk of the counsel. Counsel urged that the very fact that the written statement had been prepared and signed in november, 2006 would demonstrate that there was no occasion for the appellant to delay the filing of the same to 20. 12. 2006.