STRAIGHT LINE CINEMAS Vs. DREAM WARRIOR PICTURES

JUDGEMENT

(1.) By these appeals, challenges are made to the order dtd. 13/7/2021 holding that the appellant-defendant has lost its rights to file the written statement and the judgment dtd. 1/10/2021 decreeing the suit filed by the plaintiff-non-appellant respectively.

(2.) Learned counsel for the appellant submits that after service of notice in the suit, the appellant-defendant entered appearance through counsel. However, the written statement could not be filed due to the situation obtaining at the relevant time. Ignoring the aforesaid, the right of the appellant-defendant to file the written statement was closed by the order dtd. 13/7/2021 and therefore, the order has been challenged herein.

(3.) Subsequently, a final order was passed on 1/10/2021 without the written statement of the appellant-defendant. The said order has been challenged contending that the Apex Court in the similar circumstances, by order dtd. 4/1/2021, dismissed the appeal filed against the order of the High Court extending the period of limitation to submit the written statement.