SUNITA GUPTA Vs. SHASHI GUPTA

JUDGEMENT

(1.) Petitioner is plaintiff in Original Suit No. 576 of 2017. She is aggrieved by an order passed by learned Trial Court on 31/5/2022. By the said order, defendants' application seeking recall of order dtd. 9/12/2021 was allowed and their written statement was accepted on record subject to payment of cost of rupees five thousand.

(2.) Petitioner contends that learned Trial Court erred in allowing the application filed by defendants and their written statement should not have been accepted on record.

(3.) Perusal of record indicates that while rejecting defendants' application under Order 7 Rule 11 CPC vide order dtd. 9/12/2021, learned Trial Court observed that due to non-filing of written statement by defendants, the Court has passed order on 25/4/2018. In the order dtd. 25/4/2018, it was observed by learned Trial Court that the time of 90 days for filing the written statement has expired.