SUDHANSHU DHULIA, RAJESH BINDAL
Saroj Singh – Appellant
Versus
Mahavir Singh – Respondent
ORDER :
RAJESH BINDAL, J.
Leave granted.
2. Aggrieved against the order1[Order dated 17.03.2021] passed by the High Court2[High Court of Delhi at New Delhi], whereby the application seeking condonation of delay in filing written statement was rejected, the appellant is before this Court.
3. In the case in hand, a civil suit3[Civil Suit No. 10 of 2016] was filed by the respondents for declaration, mandatory and permanent injunction in the Court of Civil J.4[Civil Judge, Dwarka Courts, Delhi]. Notice was issued on 04.07.2016. Amendment was carried out by the respondents in the suit, which was allowed vide order dated 28.11.2017. However, on account of lack of pecuniary jurisdiction with the Civil Judge, the plaint was returned to the respondents under Order VII Rule 10 of the Code of Civil Procedure, vide order dated 16.12.2017 for presentation before the court of competent jurisdiction. The parties were directed to appear before the District J.5[District and Sessions Judge (SW), Dwarka Courts, New Delhi]. Thereafter, the matter was listed before the Additional District J.6[Additional District Judge, Dwarka Courts, New Delhi] on 03.02.2018, who was assigned the same. The appellant file
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