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HIGH COURT OF DELHI
JUDGMENT
MANOJ KUMAR & ANR ..... Petitioners
For the Petitioners: Mr. Manindra Dubey, Advocate.
For the Respondent: Mr. M.M. Singh with Mr. Sandeep Soni, Advocates for
Mr. Samarendra Kumar, Advocate.
Exemption is allowed subject to all just exceptions.
Petitioner seeks condonation of delay of 12 days in filing the revision Petition.
Learned Counsel for the Respondent submits that in view of the expeditious disposal and the averments in the application, he has no objection to the condonation of delay.
2020:DHC:568 In view of the above, the delay of 12 days in filing the revision is condoned.
1. Issue notice. Notice is accepted by learned counsel appearing for the respondent. With the consent of parties, the petition is taken up for final disposal.
2. Petitioners impugn order dated 12.09.2019, whereby, the opportunity to the petitioners to file written statement has been closed.
3. Learned counsel for the petitioners points out that copy of the plaint, which was supplied, is completely illegible.
4. Copy of the plaint, which was supplied, has been annexed with this petition as Annexure – P[2]. Copy of the plaint clearly shows that some of the lines in pages are completely illegible. Accordingly, the contention of the petitioners that he could not file written statement to such a plaint is substantiated from the copy of the plaint annexed with this petition.
5. Learned counsel for the respondent, who appears on advance notice, submits that twice the matter was listed before the Trial Court and none appeared for the petitioners to point out the deficiency or even ask for a legible copy of the plaint. He, however, submits that in view of the expeditious disposal of the Suit, he has no objection in case one last opportunity is granted to the petitioners to file their written statement.
6. In view of the above, impugned order dated 12.09.2019 is set aside.
7. Respondent is directed to furnish a legible copy of the plaint to counsel for the petitioner within one week.
8. Petitioner shall file his written statement within 30 days of the receipt of the legible copy of the plaint. No further opportunity shall be granted to the petitioner to file his written statement.
9. Petition is, accordingly, disposed of in the above terms.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J JANUARY 28, 2020 st