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HIGH COURT OF DELHI
Date of Decision: 22.08.2023
ANKUSH RISHI ..... Petitioner
Through: Mr. Anshuman and Mr. Sumit Arora, Advocates.
Through: None.
JUDGMENT
Allowed, subject to all just exceptions.
Accordingly, thepresentapplication stands disposed of.
1. This petition filed under Article 227 of the Constitution of India, impugns the order dated 26.07.2023 passed by District Judge-02, Dwarka Courts,Delhi (‘TrialCourt’)in suit bearingno.
CS DJ ADJ 551/2022, titled as Ankush Rishi v. Sarvesh Kumar & Anr., whereby the application of the Respondentsfor condonationofdelay of125 days in filingwritten statement was allowed.
2. Thelearned counselfor thePetitionerstatesthatnoreasonablegrounds were pleaded by the Respondent in the application seeking condonation of delay. He states thattheRespondenthad been pursuingthecounter suitfiled by him against the Petitioner herein. However, the Respondent deliberately delayed filing the written statement in the present suit to the prejudice the CM(M) 1349/2023 rights of the Petitioner. 2.[1] He statesthat theTrialCourtshould at leasthaveimposed costson the Respondentfor thedeliberatedelay causedby theRespondent in filingofthe written statement. 2.[2] He statesthatthePetitioner herein is further aggrieved of thefact that the Trial Court has granted only one (1) week to the Petitioner to file his replication. Hestatesthatthesaid truncatedperiod ofone(1)week prejudices the plaintiff. 2.[3] He statesheis not pressinganyother relief. Thesaidstatementis taken on record.
3. After some arguments, learned counsel for the Petitioner states that with a view to expeditethetrial, heseeks a limited relief in this matterwhich is extension of time by four (4) weeks from today to file his replication as well as his affidavit of admission/denial of documents.
4. This Court has considered the submissions of the counsel for the Petitioner and perused the record.
5. In view of the limited prayer made by the Petitioner, this Court is of the opinion that the said extension of time for filing replication should be granted to the Petitioner.
6. Accordingly, it is directed that the Petitioner shall file his replication alongwith the affidavit ofadmission/denialofdocumentswithin a periodof four (4) weeks from today.
7. With the aforesaid directions, the present petition is disposed of.
8. The pending applications are disposed of.