JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 39553/2023 (for exemption)

Exemption is allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1237/2023

1. This petition filed under Article 227 of Constitution of India impugns the order dated 05.06.2023 passed by ADJ-03, West District, Tis Hazari Courts, Delhi (`Trial Court') in Civ. DJ. no. 723/2017, titled as `Babita Tyagi v. Rakesh', whereby the Trial Court has dismissed the Petitioner's application filed for recalling its order dated 18.01.2018.

1.1 The Trial Court vide order dated 18.01.2018 struck off the right of the Petitioner to file the written statement.

2. The Petitioner is defendant no.1 and Respondent No.1 is the plaintiff in the civil suit.

2.1 The civil suit has been filed for partition of the properties bearing Nos. WZ-64 and WZ-490, Basari Darapur, New Delhi (`suit property') owned by late Mr. Rajbal Tyagi. In addition to the Petitioner herein, Respondent No.2 (since deceased) and Respondent No.3 as well have been impleaded as defendants in the civil suit, as legal heirs of late Mr. Rajbal Tyagi.

3. At the outset, learned counsel for the Petitioner states that