VERSATILE COMMOTRADE PRIVATE LIMITED Vs. RATTAN SINGH

JUDGEMENT

(1.) Ia No.15266/2017

(2.) It is alleged by the learned counsel for the defendant though the application for leave to defend was filed in time i.e., within 10 days by the defendant but it went under objections. The counsel directed his clerk to correct the defects and to rectify the errors and though it was done but in the second week of March 2017 the clerk took a sudden leave for going to his hometown due to some personal issues and did not return thereafter.

(3.) It was only on 20.05.2017 when the counsel for the defendant took the file for preparation of the case he found the said application, even after removal of defects, is lying in the file, hence the same was filed immediately thereafter and the said delay in refiling the application was beyond his control as the clerk of the counsel, though rectified all the objections, did not inform the counsel about the same and did not file it.