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2010 DIGILAW 757 (RAJ)

Rudra Packaging v. M/s. Daga Polylaminators (P) Ltd.

2010-04-05

VINEET KOTHARI

body2010
JUDGMENT 1. - By the impugned order dated 20.11.2008, the learned trial Court has refused to take on record the written statements filed by the petitioner-defendant as the same was filed after delay of 165 days after service of L summons under Section 148 C.P.C. as the same was filed after the prescribed period of 90 days. 2. Having regard to the fact that the suit in question is for recovery of money to the tune of Rs. 11 lacs and 2, having heard learned counsel and in view of the reasons mentioned in the impugned order, this Court is satisfied that in the interest of justice, the written statements filed by the defendant-petitioner can be allowed to be taken on record subject to payment of Rs. 2,000/- to the plaintiff. 3. Accordingly, this petition stands disposed of and written statements already filed by the defendant may be taken on record subject to payment of Rs. 2,000/- to the plaintiff and the trial Court may reframe the issues if necessary and conclude the plaintiffs evidence accordingly.Petition disposed of. *******