PAWAN SARASWAT Vs. MUNISH GUPTA

JUDGEMENT

(1.) This petition filed under Article 227 of Constitution of India impugns the order dtd. 22/3/2023 passed by the Additional Senior Civil Judge, Central District, Tis Hazari Courts, Delhi ('Trial Court') in civil suit no. 3298/2017, titled as 'Munish Gupta v. Pawan Sarawat and Ors.', whereby the Respondent's application dtd. 14/2/2022, filed under Order XVIII Rule 17 read with Sec. 114 and 151 of Code of Civil Procedure, 1908 ('CPC') and Sec. 5 of the Limitation Act, 1963, for recall the order dtd. 15/12/2021 was allowed.

(2.) Learned counsel for the Petitioner states that the Trial Court failed to deal with the preliminary objection raised by the defendant no.1, pointing out that the application filed for recalling of the order dtd. 15/12/2021 was not supported with the affidavit of the plaintiff; and in fact, the affidavit has been sworn by his counsel, which is impermissible in law.

(3.) This Court has considered the submissions of the counsel for the defendant and perused the record.