Code of Civil Procedure, 1908–Order 8, Rule 1 & Sec. 151–Right to file the written statement–Closed–Appreciation of–Earlier, the petitioner did not file the written statement and failed to appear before the Court–Suit was decreed ex-parte–Thereafter, the ex-parte decree was set aside and the suit was restored but the written statement was not filed by the petitioner with the application under Order 9, Rule 13–He filed the instant application after one year and eight months of the order of allowing the application under Order 9, Rule 13–Ground of the petitioner that there was a lockdown due to COVID-19 Pendemic, is found misconceived–Lawyer representing him expired in the year 2022 and instant application u/s. 151 was filed in the year 2024–Held, Trial Court rightly rejected the application of the petitioner.
