RAJINDER SINGH MANHAS Vs. ANIL GAIND

JUDGEMENT

(1.) Petitioner through the medium of present petition is calling in question the order dtd. 22/2/2023 passed by the Court of learned 1st Additional District Judge, Jammu by invoking the powers of this Court under Article-227 of the Constitution of India by virtue of which, the application filed by the petitioner seeking condonation of delay in filing the written statement has been dismissed with a further prayer to direct the aforesaid Court to take on record the written statement of the petitioner and adjudicate the matter on merits.

(2.) Respondents have filed a suit against the petitioner whereby they have sought specific performance of the agreement/memorandum of understanding dtd. 23/10/2017 duly entered and executed between the petitioner and respondents herein. An application came to be preferred during the pendency of the aforesaid suit before the Court of 1st Additional District Judge, Jammu by the applicant/petitioner herein, who has sought condonation of delay in filing the written statement in the aforesaid suit on the ground that the petitioner herein has been served by the aforesaid Court in the month of January, 2022 and however, in the month of January, 2022, the grandmother of the applicant/petitioner herein died and thereafter, the mother of the applicant, who was an old aged lady and was suffering from various ailments became sick and accordingly, the applicant, who is the only son, had to remain with his mother and had to go for her treatment out of station.

(3.) It has also been averred in the application filed by the petitioner that the father of the petitioner had already expired and mother of the petitioner was totally dependent upon him and due to her bad health, the petitioner could not attend the Court proceedings and accordingly, could not reach to his counsel for preparation of the written statement before the Court below. Thus, the petitioner while filing the aforesaid application has submitted that the delay was neither intentional nor deliberate and accordingly, prayed before the Trial Court that a lenient view be taken in favour of the applicant and the written statement be taken on record.