Recall of closed written statement right allowed; existing affidavit treated as the written statement and defence regularised.

The Delhi HC recalled the earlier order closing the defendant's right to file a written statement after the recall application was entertained and the plaintiff raised no objection. The affidavit already filed by the Income Tax Department was directed to be treated as the written statement on behalf of Defendant No. 4, thereby regularising the defence on record. The matter was left to proceed to hearing.

---

---

Issues: Whether the earlier order closing the defendant's right to file written statement should be recalled, and whether the affidavit already filed by the Income Tax Department should be treated as the written statement.

Analysis: The application for recall was entertained, the plaintiff expressed no objection to taking the affidavit on record, and the earlier order closing the right to file written statement was recalled. The affidavit filed by the Income Tax Department was then directed to be treated as the written statement on behalf of Defendant No. 4. The matter was otherwise left for hearing.

Conclusion: The earlier order was recalled and the affidavit was accepted as the written statement; the procedural relief was granted.

---