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2023 Supreme(Del) 3182

MANMEET PRITAM SINGH ARORA
Superus Guesthouse Hospitalities Pvt. Ltd. – Appellant
Versus
Varghese George – Respondent


Advocates appeared:
Mr. Atul Kumar and Mr. Jayant Malik, Advocates, for the Petitioner.
Mr. K.M. Vignesh Ram, Advocate, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 02.05.2023 passed by Additional District Judge-01, Patiala House Court, New Delhi in Civil Suit no. 6712020 titled as Varghese George v. M/S Superus Guesthouse Hospitalities Pvt. Ltd. (`Trial Court'), whereby the Trial Court has dismissed the Petitioner's application under Order IX Rule 7 Code of Civil Procedure (`CPC') for setting aside the order dated 02.11.2022 along with the application filed under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the written statement.

1.1. The Trial Court vide order dated 02.11.2022, closed the right of the Petitioners to file a written statement, since the Petitioners had failed to file the written statement.

1.2. The Petitioners are defendants and the Respondent is the plaintiff in the civil suit file for recovery of money.

2. The learned counsel for the Respondent has entered appearance on advance service. He states that the Petitioners have not shown any just cause for their non-appearance before the Trial Court despite due receipt of summons and the delay i

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