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2023 Supreme(Del) 3150

MANMEET PRITAM SINGH ARORA
Charu Walia – Appellant
Versus
Sunita Kashyap @sunita Sharma – Respondent


Advocates appeared:
Mr. Prag Chawla and Ms. Jaspreet Kaur, Advocates, for the Petitioner.
Ms. Divya Upadhyay and Mr. Ikrant Sharma, Advocates, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of Constitution of India impugns the order dated 11.07.2023 passed by the ADJ-04, North West District, Rohini Courts, Delhi (`Trial Court') in CS DJ No. 758/2019, titled as `Sunita Kashyap @ Sunita Sharma & Ors. v. Charu Walia', whereby the Trial Court dismissed the following applications filed by the Petitioner:

1.1. Application under Order VIII Rule 10 for recalling of order dated 30.05.2022 and taking on record the written statement;

1.2. Application under Order VIII Rule 1 read with Section 5 of Limitation Act, 1963, for condonation of delay in filing the written statement; and

1.3. Application under Section 151 of CPC for recalling order dated 31.08.2022 and taking on record the written statement.

1.4. The Petitioner is the original defendant in the civil suit and the Respondents are the original plaintiffs.

2. The Respondents filed a civil suit for possession and recovery of mesne profits/damages in respect of Shop No. 1825, Gali No. 137, Shanti Nagar, Tri Nagar, New Delhi (`tenanted premises') against the Petitioner herein.

2.1. The summons was issued by the Trial Court to the Petitioner

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