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2023 Supreme(Del) 3855

MANMEET PRITAM SINGH ARORA
Ram Pal Sharma – Appellant
Versus
Bijay Pal Singh Yadav – Respondent


Advocates appeared:
Mr. D.K. Singh, Advocate (Through VC), for the Petitioner.
Ms. Savita Kasana, Advocate along with Respondent in person.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 03.09.2022 passed by the District Judge, North-East District, Kardardooma Courts, Delhi in civil suit bearing no. 199/2021, titled as Bijay Pal Singh Yadav v. Ram Pal Sharma (`Trial Court') whereby the application filed by the Petitioner under Order VIII Rule 1 and 10 Civil Procedure Code, 1908 (`CPC') read with Section 148 and 151 CPC for condonation of delay in filing written statement was dismissed by the Trial Court.

2. This Court while issuing notice in this matter had passed the order dated on 20.09.2022 which reads as under:

    "3. This petition under Article 227 of the Constitution of India assails order dated 3rd September 2022 passed by the learned District Judge (Commercial Courts) (the learned Commercial Court) in CS 199/21 (Bijay Pal Singh Yadav v. Ram Pal Sharma), whereby the learned ADJ has dismissed an application filed by the petitioner, as the defendant in the said suit, under Order VIII Rule 1 of the CPC, for condonation of delay in filing written statement.

    4. Summons in the suit were served on the petitioner on 17th March 2022

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