MASROOR KHAN Vs. MOHSINA KHATUN

JUDGEMENT

(1.) This petition filed under Article 227 of Constitution of India impugns the order dtd. 2/1/2023 passed by the SCJ ' cum ' RC, East District, Karkardooma Courts, Delhi ('Trial Court') in Civil Suit No. 208/2022, titled as 'Mohsina Khatun v. Masroor Khan', whereby the Trial Court has dismissed the Petitioner i.e., the defendant"s, application filed under Order VIII Rule 1 of Code of Civil Procedure, 1908 ('CPC') seeking condonation of delay in filing written statement and consequently, struck off the Petitioner's written statement from its record.

(2.) The Petitioner is the defendant and Respondent is the plaintiff in the civil suit. The said suit has been filed seeking recovery of possession, permanent injunction, arrears of rent and mesne profits with respect to property bearing no. 35/5/2, Ground Floor, Aram Park, Shastri Nagar, Delhi ' 110031 ('suit property"). Submissions of counsel for parties

(3.) Learned counsel for the Petitioner i.e., the defendant, states that the Petitioner was unable to file the written statement within the limitation period of 120 days on account of his medical ailments.