PRADIP KUMAR SARDA Vs. KALURAM SARDA & GRANDSONS

JUDGEMENT

(1.) This is an application for extension of time to file written statement. The Writ of Summons was served on 18th February, 2017, which is an admitted position. Records reveal that even prior to being served with the Writ of Summons the defendant no. 2 appeared in an interlocutory application filed by the plaintiff and contested the same.

(2.) Subsequent to the service of the Writ of Summons, the defendant no. 2 took out an application under the provisions of Section 8 of the Arbitration & Conciliation Act , 1996 (hereinafter referred to as the 1996 Act) for referring the disputes involved in the suit to arbitration. The said application was initially dismissed for default then restored and was finally disposed of by an order dated 12th July, 2017.

(3.) The defendant no. 2 thereafter did not enter appearance in the suit nor did he file his written statement. The suit, thereafter was transferred to the list of "Undefended Suit" and was tried out as an "Undefended Suit". The plaintiff's first witness was partly examined. Before the examination of plaintiff's first witness was over, the defendant no. 2 filed this application on 12th September, 2019. This application got dismissed on 7th November, 2019. A restoration application was filed to restore this application. The said restoration application has, however, been allowed by an order dated 11th December, 2019. The defendant no. 2 in the meantime served a copy of his written statement upon the plaintiff which fact is not disputed.