SUPREME COURT OF INDIA

Before:-V.N. Khare and N. Santosh Hegde, JJ.

Civil Appeals Nos. 6079-80 of 2000 (Arising out of SLPs (C) Nos. 12445-46 of 2000). D/d. 30.10.2000.

Kajaria Iron Castings Ltd. - Appellant

Versus

Aswini Kumar More - Respondent

Civil Procedure Code, 1908, Order 8, Rule 10

ORDER

1. Leave granted.

2. Heard counsel for the parties.

3. These appeals are directed against the order and judgment dated 21-6-2000 passed by the Division Bench of the High Court of Calcutta. The respondent herein filed a suit against the appellant. The trial court on 17-12-1999 while rejecting the application of the appellant granted three weeks' time to file written statement but the written statement was not within time. On 7-3-2000, the appellant applied for extension of time to file the written statement by three weeks. However, the said application remained pending before the learned Single Judge. In the meantime, the appellant filed an appeal against the order dated 17-12-1999 before the Letters Patent Bench. The Letters Patent Bench while disposing of the appeal granted two weeks' time on 18-4-2000 to the appellant to file the written statement. This order was not complied with and as such the extension of time to file the written statement. This application of the appellant was rejected on 21-6-2000. It is against the said order, the appellant is in appeal before us.

4. We have heard learned counsel for the parties. We feel that the interest of justice would be met if the appellant is given one more opportunity to file the written statement. We, accordingly, set aside the order under challenge and grant the appellant one more opportunity to file the written statement within two weeks' time from the date of receipt of the certified copy of this order.

5. In case the appellant does not file the written statement within the time granted by us, the trial court would proceed against the appellant ex parte. The order of the High Court to the extent it directs for expediting the hearing of the suit will continue.

6. The appeals are allowed. There shall be no order as to costs.

Appeal allowed.