PREETI ALIAWADI Vs. SHAMBHU NATH

JUDGEMENT

(1.) At the very outset, learned Counsel for the Respondent submitted, with commendable fairness, that the order dtd. 22/3/2021, to the extent it strikes off the defence of the petitioner, was not sustainable in law. Accordingly, this Court, while recording its appreciation for the fair stand taken by learned counsel, sets aside the impugned order dtd. 22/3/2021, to the extent it strikes off the defence of the petitioner.

(2.) The court proceeds to consider the challenge in the present petition on other aspects as below.

(3.) Given the limited peripheries of the dispute in this petition, no allusion to the facts of the case is necessary. One may, therefore, commence the recital from 22/3/2021, on which date the following order was passed by the learned Additional Civil Judge ("the learned ACJ") in CS 702/2019 (Shambhu Nath v. Preeti Alaiwadi @ Preeti Gupta).