RAJENDRA KUMAR KOTHARI Vs. VARUN KOTHARI

JUDGEMENT

(1.) The appeal is arising out of the order dtd. 16/5/2023 by which an application for extension of time to file written statement in a suit filed in the Commercial Division of this Court was allowed beyond 120 days.

(2.) Admittedly, the written statement was affirmed within 120th Day but not filed in the department within 120 days from the date of receipt of the writ of summons. The 120th day expired on 9/4/2023 and, as such, the same was affirmed on 10/4/2023. The cut off date being a holiday, any affirmation on the immediate next day would be valid in view of the provisions of the Limitation Act, 1963 read with the provision of the General Clauses Act, 1987.

(3.) However, for the purpose of filing any application for extension to file a written statement, the Original Side Rules require to take out a Master's Summons along with an affidavit to be taken up by the Judge in Chamber for acceptance of such written statement beyond the stipulated time. The Master's Summons is treated as an application and the affidavit in support of the Master's Summons is considered to be the grounds on which the Court may decide the said application. The Master's Summons is dtd. 20/4/2023. As rightly pointed out by the learned Single Judge, there could not be any application prior to 20/4/2023 and by that time 120 days period had expired.