ONKAR SWAROP BHATNAGAR Vs. DRISHTICOIN PROPERTIES PVT.LTD.

JUDGEMENT

(1.) THIS is a chamber appeal against the order dated 20.11.2013. The plaintiff is raising the grievance with regard to the orders passed on two IAs being IA No.2187/2013 filed under Section 151 CPC and IA No.837/2013 filed under Section 148 r/w Section 151 CPC for enlargement of time to file the written statement.

(2.) THIS is a suit for declaration and permanent injunction in which the defendant filed his written statement on 15.10.2011. Since there was a delay of 22 days in fling the written statement, an application under 148 r/w Section 151 CPC being IA No.837/2013 was filed seeking condonation of delay in filing the written statement. In the application, it was mentioned that the next date of hearing is 01.02.2013 and therefore the application may be listed on the said date.

(3.) ON 20.11.2013, the counsel for defendant No.1/appellant did not appear and consequently the court allowed the application on the submission made by the learned counsel for the plaintiff/respondent though subject to payment of cost of Rs.5,000/ - and restored IA No.837/2013 seeking condonation of delay of 22 days in filing the written statement but so far as IA No.837/2013 is concerned, the same was dismissed on second call at 2.25 P.M. as the counsel for the defendant No.1 had again not appeared.