SAROJ SINGH Vs. MAHAVIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved against the order [Order dtd. 17/3/2021] passed by the High Court [High Court of Delhi at New Delhi], whereby the application seeking condonation of delay in filing written statement was rejected, the appellant is before this Court.

(3.) In the case in hand, a civil suit [Civil Suit No. 10 of 2016] was filed by the respondents for declaration, mandatory and permanent injunction in the Court of Civil Judge [Civil Judge, Dwarka Courts, Delhi]. Notice was issued on 4/7/2016. Amendment was carried out by the respondents in the suit, which was allowed vide order dtd. 28/11/2017. However, on account of lack of pecuniary jurisdiction with the Civil Judge, the plaint was returned to the respondents under Order VII Rule 10 of the Code of Civil Procedure, vide order dtd. 16/12/2017 for presentation before the court of competent jurisdiction. The parties were directed to appear before the District Judge [District and Sessions Judge (SW), Dwarka Courts, New Delhi] . Thereafter, the matter was listed before the Additional District Judge [Additional District Judge, Dwarka Courts, New Delhi] on 3/2/2018, who was assigned the same. The appellant filed written statement on 9/7/2018. However, an objection was raised by the respondents, the same being time-barred. An application was filed by the appellant seeking condonation of delay in filing the written statement. The same was rejected by the Additional District Judge vide order dtd. 5/3/2019. The same was upheld by the High Court vide impugned order dtd. 17/3/2021, which is under challenge in the present appeal.