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The High Court Commercial Division granted an extension of time to file a written statement of defence, finding sufficient cause and no opposition from the respondent.
The trial court failed to make a finding or determination on the counter claim raised by the respondents, and the extracted decree did not reflect the reliefs sought or their outcome. This contravened Order XX Rule 6(1) of the Civil Procedure Code and rendered the decree invalid. The proceedings, judgment, and order of the High Court were nullified, and the matter was remitted for rehearing.
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