JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 18.08.2022 in CS DJ 380/20 titled as "Urvashi Suri vs. Randhir Singh" whereby the learned Trial Court had closed the right of the defendant to file his written statement on the ground that despite repeated opportunities having been provided, the defendant did not avail of the same and has delayed such filing and hence, no indulgence ought to have been shown on him.

2. Mr. Surender, learned counsel appearing for the petitioner/defendant submits that the petitioner/defendant is a wheelchair bound person and has multiple medical issues. In support thereto, the medical history of the petitioner/defendant showing him to be a person who is suffering from multiple orthopedic ailments, are filed on the record of this Court.

3. Learned counsel submits that it was because this reason that despite having appeared a number of times and despite having engaged the counsel from the Legal Aid Cell at the District Courts, the written statement could not be filed in time. Learned counsel also submits that the counsel also did not co-operate, leading to the written s