SAURABH BANSAL Vs. NITIN GUPTA

JUDGEMENT

(1.) This petition impugns the order dtd. 31/8/2022 passed by Additional District Judge-02, Shadara, Karkardooma Courts, Delhi ('Trial Court') in Civil Suit No. 436/2016 titled Nitin Gupta vs. Saurabh Bansal dismissing the application filed by the Petitioner under Order IX Rule 7 CPC.

(2.) The Trial Court vide order dtd. 15/7/2022 closed the right of the Petitioner to cross-examine PW-1 and proceeded ex-parte against the defendant. The Petitioner filed an application on the same date for setting aside the ex-parte order; however, the said application has been dismissed by the impugned order dtd. 31/8/2022.

(3.) At the outset, learned counsel for the Respondent states that he has no objection if the petition is allowed, subject to the Petitioner being put to strict terms with respect to his future participation in the trial and payment of legal costs for the delay caused.