Beenadevi v. Sheelbansal

Delhi High Court · 28 Sep 2016 · 2016:DHC:8603
JAYANT NATH
CM(M) 1051/2015 & CM No. 24770/2015
2016:DHC:8603
civil appeal_allowed

AI Summary

The Delhi High Court allowed the petitioner to file a belated written statement subject to costs, emphasizing that procedural grievances should be addressed through proper applications before the trial court.

Full Text
Translation output
$-11-12 HIGH COURT OF DELHI
CM(M) 1051/2015 & CM No. 24770/2015
BEENADEVI Petitioner
VERSUS
SHEELBANSAL Respondent
CM(M) 1052/2015 & CM No.24772/2015
BEENA DEVI Petitioner
VERSUS
SHEELBANSAL Respondent Present: Mr.Dilip Singh & Mr.Dhiraj Kumar, Advocates for the petitioners in all cases.
Mr.Abhishek Kaushik, Advocate
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
28.09.2016
ORDER

1. By the present petitions, the petitioner seeks to impugn the order dated 18.09.2015 by which the right of the petitioner/defendant to file written statement was closed.

2. The learned counsel for the respondent submits that the petitioner is needlessly delaying the matter and continuingto retain the possession of the property without payment of rent.

3. The issue raised,by the learned counsel for the respondent has to be addressed before the trial court by the respondent and if thought proper by filing an appropriate application under Order 15-A CPC. CM(M) 1051& 1052/2015 Page 2016:DHC:8603 \»

4. It would cause prejudice to the petitioner if her defence is not taken on record. It is in the interest of justice that the written statement copy of which is filed before this court be allowed to be filed before the trial court. In case, the petitioner files written statement within one week from today subject topayment ofcost ofRs.15,000/-, the same betaken on record.

5. The presentpetitions stand disposed of in aboveterms.

JAYANT NATH, J. SEPTEMBER 28, 2016