VERSATILE COMMOTRADE PRIVATE LIMITED Vs. BALRAJ

JUDGEMENT

(1.) Both suits, under Order XXXVII of the Code of Civil Procedure, 1908 (CPC), are ripe for hearing arguments on the applications of the defendant therein for leave to defend.

(2.) When the suits are called out, none appears for the plaintiff in the suits; the counsel for the defendant in both the suits states that no reply to the applications for leave to defend has been received as yet. However, as per the office notation, replies have been filed. Upon the same being put to counsel for the defendant in both the suits, he states that time be given for filing rejoinder.

(3.) The application for leave to defend has to stand on its own legs and without disclosing as to what plea in the reply to the application for leave to defend needs rejoinder, time for filing rejoinder cannot be mechanically granted, particularly when these are commercial suits and are listed today for arguments on the applications for leave to defend.