Written statement on record: adverse dismissal under Order 9 Rule 7 CPC set aside, with costs and restoration directed.

An application under Order 9 Rule 7 CPC was rejected despite the written statement having already been filed and verified. The Delhi High Court noted that an adverse order could not be sustained once the written statement was on record, even though the proceedings had been repeatedly adjourned and were protracted. The procedural lapse and delay justified compensatory costs and a direction to supply the written statement to the opposite side before the trial court. The impugned orders were set aside, and the matter was restored for continuation in accordance with law with expedition directed.

---

---

Issues: Whether the order dismissing the application under Order 9 Rule 7 of the Code of Civil Procedure, 1908, was justified in view of the filing of the written statement and the subsequent adjournments.

Analysis: The written statement had in fact been filed and verified, and an adverse order passed after such filing could not be sustained. Although the matter had been adjourned repeatedly and the proceedings had become protracted, the earlier dismissal order did not adequately reflect the true position. The delay and the procedural lapse, however, justified compensatory costs and a direction to supply the written statement to the other side before the trial court.

Conclusion: The impugned orders were set aside, and the petitioner was granted relief subject to payment of costs and compliance with the direction to furnish the written statement.

Final Conclusion: The proceeding was restored to the trial court for continuation in accordance with law, with expedition directed in view of the age of the case.

---