KIRTI Vs. TATA POWER DELHI DISTRIBUTION LIMITED

JUDGEMENT

(1.) Appellant impugns order dtd. 29/7/2022 whereby an application filed by the appellant under Order 7 Rule 11 of the CPC has been dismissed and simultaneously the defence of the appellant has been struck off holding the written statement to be beyond time.

(2.) Learned trial court has dismissed the application under Order 7 Rule 11 of the CPC holding that there was no patent lacuna in the plaint or anything contained in the plaint which may suggest that it is without any cause of action against the defendant.

(3.) The concerned court also found that the written statement was filed beyond the statutory period of 120 days and as such the defence of the appellant was struck off.