NAVIN PROPERTIES PRIVATE LIMITED Vs. VASUDEV DAYARAM NAVANI

JUDGEMENT

(1.) These 13 Interim Applications filed by the Defendants No.2 to 4, 8 to 10, 16 to 18, 20, 21, 33 and 34 seek condonation of delay of 182 days in filing the respective written statements.

(2.) It is not in dispute that the copies of the amended Plaint were served on 17/10/2024, after which the writ of summons was served on 1/5/2025. That on 3/9/2025, the Prothonotary and Senior Master has recorded that on 20/8/2025 a statement was made on behalf of the said Applicants that they would file Interim Applications for condonation of delay in filing the written statement, however, no such Interim Application had been filed and therefore, the Prothonotary and Senior Master by order dtd. 3/9/2025 has transferred the Suit to the list of undefended Suits as regards the said Defendants.

(3.) Mr. Mehta, learned Counsel appearing for the Applicants submits that earlier on 29/1/2025 two of the Defendants had filed an Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 ('CPC') for rejection of the Plaint. Mr. Mehta submits that it is settled law that the Defendant is entitled to file an application for rejection before filing his written statement and in case the application is rejected, the Defendant is entitled to file his written statement and refers to the decision of the Hon'ble Supreme Court in the case of R. K. Roja Vs. U. S. Rayudu and Anr. (2016) 14 SCC 275.