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2023 Supreme(Del) 1443

TUSHAR RAO GEDELA
Divya Mehrotra @ Divya Tandon – Appellant
Versus
Jyoti Tandon – Respondent


Advocates appeared:
Mr. Jai Prakash Gautam, Mr. Rajeev Gupta and Mr. Sandeep Yadav, Advocates, for the Petitioner.
Mr. Vaibhav Dang, Advocate, for the Respondent-1.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner/defendant No.1 challenges the order dated 12.10.2022 in CS DJ 629/22 titled as "Jyoti Tandon vs. Divya Mehrotra", whereby the right of the petitioner/defendant No.1 to file her written statement was closed on the basis that no written statement had been filed within the prescribed period.

2. Mr. Jai Prakash Gautam, learned counsel appearing for petitioner/defendant No.1 submits that the petitioner/defendant No.1 was served with the summons of the suit on 02.08.2022, however, the written statement was not filed despite the passage of the prescribed period.

3. Learned counsel also submits that due to the disputes between the daughter-in-law (petitioner/defendant No.1) and the mother-in-law (respondent/plaintiff), the petitioner was of the opinion that the same would be amicably settled and on that premise had not contacted any lawyer and had also not filed the written statement.

4. Per contra, learned counsel appearing for the respondent/plaintiff submits that the petitioner/defendant No.1 is a Director in a Private Limited Company and it cannot be fathomed as to on what basi

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