DEEPAK KUMAR ARORA Vs. SURENDRA KUMAR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the orders dtd. 22/1/2020 and 16/12/2022 passed by ASCJ, Karkardooma, Shahdara, Delhi ('Trial Court') in CS No. 352/2019, titled as Surender Kumar v. Deepak Kumar Arora, declining to take the written statement of the Petitioner i.e., defendant on record in view of the fact that the written statement was filed 100 days beyond the initial statutory period of 120 days.

(2.) The learned counsel for the Petitioner states that the civil suit has been filed by the Respondents for possession of the suit property on the basis of title, which is disputed by the Petitioner herein. He states that the Petitioner herein has a substantial defence to the said claim and it would be in the interest of justice that the claims in the suit are decided on merits. 2.1 He states that he remains ready and willing to pay the legal costs to the Respondents to compensate for the delay in filing the written statement.

(3.) In reply, learned counsel for the Respondents state that the petitioner herein has neither filed an application under Order VIII Rule 1 CPC seeking enlargement of time nor furnished any reasonable explanation for the delay in filing the written statement.