ASHISH KHANNA Vs. DELHI GYMKHANA CLUB

JUDGEMENT

(1.) Defendant No. 1 has preferred the captioned chamber appeal under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 (hereinafter 'the DHC Rules') read with Sec. 151 CPC against order dtd. 1/9/2022 passed by the Joint Registrar in I.A. 14014/2022 filed by the plaintiff, thereby closing the right of defendant No.1 to file the written statement.

(2.) Before delving into the merits of the contentions raised by the learned counsels for the parties, the factual matrix of the case is noted. The plaintiff, claiming himself to be a former secretary of defendant No.1, has preferred the present suit for declaration, specific performance, mandatory injunction, recovery, permanent injunction and damages.

(3.) The suit came to be listed for the first time on 25/3/2022, when summons were directed to be issued to the defendants. On the said date, defendant No.1, on advance notice, was duly represented through its counsel, who accepted the summons and sought leave to file written statement. The matter was listed before the Joint Registrar for completion of pleadings, admission/denial of the documents and marking of exhibits on 4/5/2022. Simultaneously, notice in the accompanying application being I.A. 4679/2022, filed under Order XXXIX Rules 1 and 2 CPC, was also issued. The notice of the application was accepted by the learned counsel for defendant No.1, who sought time to file reply.