MONIKA DALAL Vs. SUBHASH CHANDER KAPUR

JUDGEMENT

(1.) The petitioner-Monika Dalal has filed the present civil revision under Article 227 of the Constitution of India for setting aside all the orders dtd. 22/8/2023 (Annexure P-1) passed by learned Civil Judge (Junior Division), Gurugram in Civil Suit No.3237 of 2022 titled as "Subhash Chander Kapur & Anr. Vs. Monika Dalal" whereby the opportunity to file written statement has been intentionally and deliberately declined in a contemptuous manner by the learned Presiding Officer, in blatant violation of order dtd. 10/8/2023 passed by this Court in CR No.4549 of 2023 (Annexure P-2).

(2.) Arguments advanced by learned counsel for the petitioner Mr. Vineet Jakhar, Advocate and Ms. Avsi Malik and Mr. Rajat Mor, Advocates for respondents were heard in detail on the last date of hearing. The advocates are abstaining from work today. However, the petitioner is present in person.

(3.) Learned counsel for the petitioner argued that the petitioner had approached this Court in CR No.4549 of 2023 in which order dtd. 10/8/2023 (Annexure P-2) was passed by this court vide which by taking a lenient view one effective opportunity was granted to the petitioner i.e. Ms. Monika Dalal to file written statement on the next date of hearing fixed before the trial Court, subject to the payment of cost of Rs.10,000.00, to be paid to the respondents/plaintiffs. The clerk of the counsel for the petitioner applied for certified copy of this order on the same day and it was prepared on 16/8/2023. The next date fixed before the trial Court was 11/8/2023. The counsel for the petitioner appeared before the learned trial Court and apprised about the status of CR No.4549 of 2023 which was allowed vide order dtd. 10/8/2023 and the order was not uploaded on the official website of the High Court. The learned trial Court verified this fact and adjourned the case to 22/8/2023. The copy of order is Annexure P-3. On 22/8/2023, surprisingly the learned counsel for respondents/plaintiffs presented the online copy of the order dtd. 10/8/2023 before the learned trial Court at 10:15 AM and following order was passed:-