2006 (3) TMI 769

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....ication of the petitioner under Order 9 rule 7 CPC has dismissed the same on the ground that written statement has not been filed for a considerable length of time and that time and again proceedings have been adjourned to enable the petitioner to file his written statement. The petitioner having taken undue advantage of a protracted trial cannot be shown any leniency. 2. Counsel for the petition....

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....sel for the parties and have gone through the record of the case. From the order of this court dated 19.05.2004 it is apparent that the written statement has been filed by the petitioner on 12.03.2003, which fact has been verified. Of course, there is no explanation as to why thereafter the matter should be continued to be adjourned for filing of written statement when all that the petitioner had ....