KRISHAN KAKKAR Vs. KIRAN CHANDER

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, assails orders dtd. 8/7/2021 and 6/5/2022, passed by the learned Additional District Judge (the learned ADJ) in CS 412/2021 (Kiran Chander v. Krishan Kakkar).

(2.) The order dtd. 8/7/2021 rejects an application filed by the petitioner, as the defendant in CS 412/2021, seeking dismissal of the suit under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). Towards the conclusion of the impugned order dtd. 8/7/2021, the learned ADJ directes the respondent (as the plaintiff in CS 412/2021) to file two documents. The subsequent order dtd. 6/5/2022, passed by the learned ADJ, which constitutes the second order under challenge in these proceedings, disposes of an application, filed by the petitioner under Sec. 151 of the CPC, seeking a direction to the respondent-plaintiff to comply with the order dtd. 8/7/2021 "in its true spirit" and, accordingly, to extend the time available with the petitioner to file written statement. The learned ADJ has, vide the second impugned order dtd. 6/5/2022, held that the respondent had complied with the directions contained in the first impugned order dtd. 8/7/2021 regarding filing of documents, and has extended the time available with the petitioner to file written statement in the suit by a period of four weeks from 6/5/2022.

(3.) CS 412/2021 was filed by the respondent against the petitioner, alleging that, having purchased 500 sq. ft. of land from the respondent vide sale deed dtd. 30/7/2012, and having also executed an agreement to sell dtd. 14/8/2012 in respect of an additional 400 sq. ft. of land, the petitioner had paid only part consideration against the said transactions and that the time available with the petitioner to pay the balance consideration had expired. The suit, therefore, sought a decree of possession as well as injunction and mesne profits, in favour of the respondent-plaintiff.