SUNIL ALAGH Vs. SHIVRAJ PURI & ANR

JUDGEMENT

(1.) O.A. No.138/2017

(2.) Learned counsel for the plaintiff argued that the defendant no.1 in the suit was served on 11.12.2016 and vakalatnama was filed by the defendant no.1 on 16.01.2017, and therefore period of 120 days must begin either from 11.12.2016 or in any case from 16.01.2017 when the vakalatnama was filed by the defendant no.1 and since admittedly the written statement has been filed by the defendant no.1 on 24.05.2017 vide Diary no. "261929", the same is beyond the period of 120 days, and hence the impugned order of the Joint Registrar dated 14.09.2017 is correct and the present OA is unmerited.

(3.) Learned counsel for the defendant no.1 in response argues that service in the suit cannot be held to be complete unless complete copy of the paper book of the suit is supplied to the defendant and the period of 120 days can only begin on supply of complete paper book of the suit. It is argued that complete paper book of the suit was supplied to the defendant no.1 only on 10.04.2017, as stated in the order of the Joint Registrar dated 10.04.2017, and therefore, the written statement filed by defendant no.1 on 24.05.2017 is definitely within the period of 120 days provided under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act. For the sake of convenience the order dated 10.04.2017 is reproduced as under:-