LAWS(DLH)-2023-8-53

RAKESH Vs. BABITA TYAGI

Decided On August 04, 2023
RAKESH Appellant
V/S
Babita Tyagi Respondents

JUDGEMENT

(1.) This petition filed under Article 227 of Constitution of India impugns the order dtd. 5/6/2023 passed by ADJ-03, West District, Tis Hazari Courts, Delhi ("Trial Court') in Civ. DJ. no. 723/2017, titled as 'Babita Tyagi v. Rakesh", whereby the Trial Court has dismissed the Petitioner's application filed for recalling its order dtd. 18/1/2018.

(2.) The Petitioner is defendant no.1 and Respondent No.1 is the plaintiff in the civil suit.

(3.) At the outset, learned counsel for the Petitioner states that he concedes that there has been a default by the Petitioner in failing to ensure that his written statement was filed on record within a statutory period. He states that however, he is willing to compensate the plaintiff with legal costs for delay in filing the written statement.