ASHTECH Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE plaintiffs have filed this suit for passing decree against the defendants. Admitted facts are that this is a summary suit where after writ of summons was served on the defendants, summons for judgment No.596 of 1995 was taken out by the plaintiffs. By order dated 29th October 1996, the defendants were granted conditional leave to defend the suit. They were also directed to file written statement within eight weeks. Admitted position is that the defendants have not complied with the condition that was imposed for grant of leave to defend, they have not filed written statement within the period allowed by order dated 29th October 1996. The learned counsel appearing for defendants has however, prayed before me for extension of time to file written statement.

(2.) THE learned counsel appearing for plaintiffs states that the plaintiffs have moved this Court for passing ex-parte decree against the defendants because they have not filed written statement, in view of the provisions of rule 1 of Order VIII of C.P.C. Rule 1 of Order VIII reads as under:

(3.) IN my opinion, as the defendants have complied with the condition on which leave to defend was granted, the defendants would be entitled to extension of time for filing written statement. At the request of the learned counsel appearing for defendants therefore, the time for filing written statement is extended by one week from today. As the request made on behalf of the plaintiffs is totally misconceived and amounts to waste of Court's time, the plaintiffs are directed to pay to the defendants as and by way of cost an amount of Rs.5,000/-.