In Brief
Albert Morris appealed against the dismissal of his application for condonation of delay in filing a written statement under Order 9 Rule 13 CPC. Both the Trial Court and High Court had rejected the application, partly because no separate written statement was filed with it. The Supreme Court allowed the appeal, holding that procedural equity requires the same indulgence shown to the plaintiff (in granting time for court fees) should extend to the defendant. The Court set aside the dismissal and directed the defendant to file his written statement within two weeks, with costs imposed.
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