JUDGMENT :

[Via Video Conferencing]

1. This petition has been filed under Article 227 of the Constitution of India by the petitioner/defendant before the learned Trial Court challenging the order dated 6th April, 2021 passed by the Additional District Judge-01, Shahdara District, Karkardooma Courts, Delhi in Civil Suit No.827/2019. The petitioner/defendant has sought setting aside of the impugned order whereby the delay in filing his written statement along with reply to the application under Order XXXIX Rules 1 and 2 the Code of Civil Procedure, 1908 (“CPC”, for short) has not been condoned.

2. The respondent/plaintiff had filed a suit against the petitioner/defendant for declaration, mandatory and permanent injunction, rendition of accounts and damages. The respondent/plaintiff is the sole owner of the Property No.24, Surya Niketan, Delhi–110092, admeasuring 331 square yards. He claims to have been residing in the said property since 1983. Thereafter, desirous of re-constructing the property into a Multi-storey building, he entered into an agreement with the petitioner/defendant, who presented himself as being engaged in the business of promotion, development and construction of pro