JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral):

CM APPL. 39341/2023

1. This is an application filed by the Respondent seeking advancement of hearing. The matter is listed on 12.10.2023.

2. Issue notice. The learned counsel for the Petitioner accepts notice.

2.1. He states he has no objection to the advancement of hearing.

3. Accordingly, the application is allowed and with the consent of the parties, the matter is taken up for hearing today.

CM(M) 462/2023

4. This petition filed under Article 227 of the Constitution of India impugns the order dated 20.12.2022 passed by the ADJ-08, Central District, Tis Hazari Courts, Delhi (`Trial Court') in CS DJ 412/2022 titled as "Manish Dhawan v. Mohammad Ali" whereby the Trial Court declined to take the written statement of the Petitioner on record.

4.1. The Petitioner is the defendant and the Respondent is the plaintiff in the civil suit. The Plaintiff has filed the civil suit for inter-alia recovery of possession, arrears of rent and mesne profits.

5. The learned counsel for the Petitioner states that the Petitioner herein was served with the copy of the summons on 25.02.2022 and the written statement was filed belatedly on 02.09.2022 with