ii.) A-36 o/o tB.L0.20LI Present: Mr. Sarfaraz Khan, Advocate for the petitioner. +CM No. 1916O/2011 (exemption) in CM (M) No. 12O8/2011 * Exemption allowed subject to just exceptions. CM (M) No. L2O8/2O11- and CM No. L9L59/2O1L Order impugned before this court is the order dated 1.4.07.201,L vide which the application filed by the defendant seeking condonation of delay in filing his written statement had been dismissed. Record shows that it was on 05.02.2011 that the defence of the defendant had been struck off. Present suit is a suit for recovery of money. Defendant had been served even as per the case of the defendant on 02.08.20L0; his contention is that due to administrative exigencies and a copy of the written statement had been sent to the Department at Agra from where a photocopy of the same had been received back; the written statement had to be redrafted. For the aforestated reasons, there was a delay of six months in filing the written statement which was filed on 05.02.2011; on 05 .02 .201.L, the court had noted that since there was a delay of six months in filing the written statement and the same had also not accompanied by any application for condonation of delay and in terms of the provisions of Order B Rule 10 of the n Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified at d Code of Civil Procedure, the Court had not straightway pronounced judgment but nevertheless had struck off the defence of the defendant; written Statement not having been filed within time; this was on 05.02.20L1,. On the subsequent date i.e. on 25.03.201.t again no application was filed by the defendant; on L4.07.201.L, an application had been filed seeking recall of the ord.er dated O5.O2.2OIL which had been dismissed. Impugned ord.er as noted, above is the order dated t4.07.201-1. Inview of the explanation furnished by the petitioner as also the fact that a valuable right would be lost to the Department in a case the Department is not allowed to plead its defence, in the interest of of justice, written statement which had been filed on 05.02.201-1 is taken on record. This order is passed subject to payment of {20,000/- as cost. Out of which <10,000/- to be depositeA riritfr tne Delhi High Court Legal Service Committee and the balance amount shall be paid to the plaintiff. Petition is disposed of in the above terms. INDERMEET KAU& J OCTOBER 1-8, ?OLL rb I II I Ilr