MURALIDHAR CHAMARIA Vs. MRDALMIA

JUDGEMENT

(1.) This is an appeal from an order which was made by my learned brother Mr. Justice Greaves on the 10th of December this year, by which he refused an application by the defendant for leave to file his written statement.

(2.) The material dates are as follows: The plaint was filed on the 14th of August 1917: it was served on the defendant on the 21st of August, and the defendant was required to put in his written statement within two weeks from the date of service, so that he should have filed his written statement on or about the 4th of September this year. I ought to have mentioned that the defendant appeared on the 29th of August. He did not put in his written statement within the specified time: and on the 26th of November the plaintiff applied for an order that the defendant should be required to file his written statement: and on that date the Registrar made the following order: "it is ordered that the defendant do within one week from the date hereof file his written statement in this suit and that in default thereof this suit be transferred from the list of defended suits to the list of undefended suits. The time for filing the written statement expired on the 3rd of December 1917, and by that time the defendant did not file his written statement. On the 10th of December, the defendant made the application to Mr. Justice Greaves to which I have already referred, and it was upon that application that the learned Judge refused leave to him to file his written statement.

(3.) Now, the first matter that we have to consider in this case is whether there is any right of appeal from the order of the learned Judge.