FORWAD FINANCIAL SERVICES LTD Vs. PRIMUS CHEMICALS LTD

JUDGEMENT

(1.) Unconditional leave was granted to the Defendant s in the Summons for Judgment taken out in this suit on 28th August, 2000. The Defendant s were directed to file their written statement within 12 weeks of that date. Parties were directed to file their affidavits of document s within 8 weeks thereafter and complete the discovery and inspection within 8 weeks thereafter. Suit was transferred to the list of Commercial Causes. The Defendant s were to file their written statement by 27th December, 2000. The Defendant s failed to file their written statement. The further directions were not complied. The suit could not appear on the list of Commercial Causes. The order on the Summons for Judgment remained at that. Due to such non- compliance, decree under Order XXXVII Sub Rule 3(6)(b) was required to be passed. Since the directions given at the hearing of the Summons for Judgment were not complied and the Plaintiff became entitled to judgment forthwith.

(2.) Some how no judgment came to be passed for many years.

(3.) On 27 th June, 2007 the Defendant sought to file the written statement. It remained under objection inter alia because leave of the Court was not obtained for condonation of the delay in filing the written statement.