ATUL AGARWAL Vs. INDIA INFOLINE HOME FINANCE LIMITED

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order dtd. 23/1/2020 passed by the Court of Additional District Judge (ADJ), Dwarka Courts, Delhi in Civil Suit No.439/2019, whereby the application for condonation of delay filed on behalf of the respondent/defendant no.2, in respect of filing the memo of appearance, has been allowed subject to costs of Rs.10,000.00.

(2.) The facts in the present petition are not in dispute and are stated below:

(3.) The counsel for the petitioner/plaintiff contends that the no cogent or sufficient reasons have been stated in the application for condonation of delay filed on behalf of the respondent/defendant no.2 and therefore, delay should not have been condoned in the present case. He further submits that whole purpose for filing a summary suit under Order XXXVII of the CPC was defeated if such an ordinate delay is condoned.