CHARAN JEET SINGH Vs. PREETI DHAMIJA

JUDGEMENT

(1.) This petition impugns the order dtd. 16/3/2023 passed by Additional District Judge-02, Shahdara, Karkardooma Courts, Delhi in CS No. 76/2022 titled as Preeti Dhamija v. Charam Jeet Singh ('Trial Court') dismissing the application filed by the Petitioner under Order VIII Rule 1 Code of Civil Procedure, 1908 ('CPC') seeking condonation of delay in filing the written statement.

(2.) The learned counsel for the Respondent states that it is a matter of record that the Petitioner herein was duly served with the summons on 26/3/2022. He states that however, the written statement was filed belatedly on 27/10/2022. He states that the explanation offered by the Petitioner herein for condonation of delay in filing the written statement shows that there was a deliberate intention to delay the proceedings before the Trial Court.

(3.) In reply, learned counsel for the Petitioner states that in addition to the written statement dtd. 27/10/2022, the Petitioner herein has also filed a counter claim bearing no. 166/2022 in CS No. 76/2022 for recovery of Rs.25.00 lakhs paid as security to the Respondent. 3.1 He states that an opportunity to defend the suit be granted subject to payment of legal cost to compensate the Respondent for the delay caused in filing the written statement