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Delhi High Court · 12 Oct 2011 · 2011:DHC:19466
Indermeet Kaur
CM(M) No. 1286/2009
2011:DHC:19466
civil appeal_allowed

AI Summary

The High Court allowed the petitioner to file defence on damages/mesne profits despite earlier striking off of defence for non-payment of arrears, subject to payment of costs.

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A-15
% 12.10.2011
Present: Mr. Mukesh Kumar and Ms. Meenakshi Sood, Advocates for the petitioner.
Mr. Sameer Vashisht, Advocate for the respondent.
+CM(M) No. 1286/2009
*
The order impugned before this court is the order dated
04.08.2009. The suit premises have since been handed over to the respondent; this was sometime in May, 2001. The suit for possession has accordingly been decreed in part; what remains before the trial court is the issue of damages/mesne profits. On
04.08.2009, the defence of the defendant had been struck off for non-payment of arrears of rent i.e. for non-compliance of the direction of the court dated 15.10.2008.
After some arguments, it has been agreed that the petitioner will be permitted to lead his defence on the issue of damages/mesne profits; thus, trial court shall accordingly permit the defendant to file his defence. This order is passed subject to payment of Rs. 5,000/- as cost.
With these directions, this petition is disposed of.
INDERMEET KAUR, J.
OCTOBER 12, 2011 rb
2011:DHC:19466
JUDGMENT