Mandatory compliance with court directions

ORDER

[The proceeding has been conducted through Hybrid mode]

CM APPL. 19553/2023 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. Application stands disposed of.

CM APPL. 19552/2023 (By respondent for fresh directions)

3. This is an application under Section 151 CPC, 1908 on behalf of the applicant/respondent stating that the learned Trial has violated the direction passed by this Court on 21.02.2023 whereby the petition was disposed of.

4. Mr. Sethi, learned senior counsel appearing on behalf of the applicant/respondent draws attention of this Court to the order dated 21.02.2023, particularly to para 8 to 11 to submit that the directions were clear, in that, the learned Trial Court was to take up the leave to defend application on 18.03.2023, the date which was already fixed before the learned Trial Court in the suit pending before it.

5. Mr. Sethi submits that rather than taking up the aforesaid application, the learned Trial Court had taken note of the fact that the petitioner/non-applicant filed application under Order VII Rule 11 CPC as also an application under Order I Rule 10 CPC was filed by thirty party for which the learned Trial Court provided time for filing reply, rather than hearing the application for leave to defend as directed by this Court.

6. Mr. Sethi submits that directions were very clear and it is not understandable as to why and in what circumstances, the learned Trial Court did not follow the directions as mentioned in the order dated 21.02.2023.

7. Mr. Jain, learned counsel appearing for the petitioner/non- applicant submits that it was only on account of application under Order VII Rule 11 CPC as well as another application under Order I Rule 10 CPC filed by another party, the learned Trial Court had issued notice therein and time thereto for filing reply was granted to the parties.

8. I have heard the submissions of Mr.Sethi, learned senior counsel appearing for the respondent as well as Mr. Harshit Jain, learned counsel appearing for the petitioner/non-applicant.

9. After having perused the said order dated 21.02.2023, this Court is of the considered and firm opinion that the directions contained in para 10 of the said order leave no ambiguity, moreover, there was no chance of misunderstanding or unclear directions having been given to the learned Trial Court.

10. Paragraphs 8 to 11 of the order dated 21.02.2023 are extracted hereunder:

"8. Mr. Sharma, very fairly submits that the issue with respect to filing the rejoinder itself has taken substantial time for resolution by the learned Trial Court and requests that the suitable direction for expeditious disposal of the entire petition may be passed.

9. In view of the aforesaid submissions, this Court is of the considered opinion that the petitioner/respondent can be given one chance to file his rejoinder within one week from today failing which the said permission will stand recalled. However, the same is allowed subject to payment of cost of Rs.20,000/- to be paid to the respondent/landlord within a week from today. The valid receipt thereof shall be filed alongwith rejoinder with an index before the learned Trial Court before the next date of hearing.

10. In view of the aforesaid submission of Mr. Sharma, learned Trial Court is requested to take up the leave to defend application and dispose of the same in accordance with law on 18.03.2023 when it is informed that the suit is listed for hearing.

11. Learned Trial Court is further requested to pass final orders expeditiously within the next six weeks from the date of hearing arguments."

11. It would be appropriate to extract the order dated 18.03.2023 passed by the learned Trial Court with respect to the instant application which is annexure P-2 to the present application.

"Matter is listed for arguments on leave to defend application.

Ld. counsel for respondent submits that he had challenged the order dated 24.01.2023 passed by this court and the Hon'ble High Court of De