PAYAL KAPOOR Vs. K S GREWAL

JUDGEMENT

(1.) The Order of the learned Single Judge dated 23rd March 200S which dismissed Misapplication filed by the, original defendant Mrs. Payal Kapoor, rejecting the application for framing the issues in the suit arising from the counter claim said to be filed by the defendant.

(2.) The brief facts of the case as per the plaintiff /respondent are as follows:

(3.) We have noted the fact that the plaint was filed on 5th March 1999 and the written statement was purportedly filed on 15th September, 2000. On 2nd August 2002, the matter was proceeded ex-parte against the appellant/defendant. On 4th May 2005 an application for setting aside the ex-parte order was dismissed in default and on 11th May 2005, an application for setting aside the ex-parte order was again rejected. This order of 11th May 2005 became final. From 8th February 2005 onwards, the defendant/appellant had started participating in the proceedings and from 18th November, 2005 the evidence of the plaintiff were recorded and the cross-examination of the plaintiff was done by the appellant. In January 2006, the present application for framing issues was filed, the dismissal of which has led to the present appeal.