JITENDER KUMAR KUSHWAHA Vs. ALBERT JOSEPH

JUDGEMENT

(1.) The present petition assails the impugned orders dtd. 28/9/2022 and 1/12/2022 passed by Learned Additional District Judge -04, North-West, Rohini Courts, Delhi (hereinafter as 'Trial Court") in CS DJ No. 514 of 2022 titled as 'Albert Joseph vs Jitender Kumar Kushwaha and Anr.' whereby the learned trial court did not take on record the written statement of the petitioner herein in absence of any application for condonation of delay and subsequently, after filing the application for condonation of delay under Sec. 5 of limitation Act along with an application under Order VIII Rule 1 read with Sec. 151 CPC, the same were dismissed thereafter. The petitioner herein is the defendant no. 1 before the learned trial court.

(2.) Facts in crux are that in 2022, the respondent no. 1 had filed the present civil suit before the learned trial court for declaration, permanent and mandatory injunction against the petitioner and respondent no. 2 with respect to property i.e. F-40/2, in Khasra No. 23/3/1, Pansali Village, Delhi (Locality now knows as Deep Vihar, Delhi 110042) inter alia, from dispossessing the petitioner and respondent no. 2 ("defendants") and further for returning the eight cheques issued by respondent no. 1 in the controversy therein, specifics of which are not relevant for adjudication of the present petition.

(3.) Thereafter, the summons of the suit were issued to the defendants therein vide order dtd. 8/6/2022. Subsequently, the petitioner entered appearance and was granted, upon request, 30 days time to file the written statement by the learned Trial Court vide order dtd. 6/2/2022.