JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 48324/2023 (for exemption)

Exemption is allowed, subject to all just exceptions.

Accordingly, the present application is disposed of.

CM(M) 1525/2023

1. This petition filed under Article 227 of Constitution of India impugns the order dated 10.05.2023 passed by ADJ-02, East District, Karkardooma Courts, Delhi (`Trial Court') in civil suit no. 462/2022, titled as `Saroj Bala v. Tarun Kumar', whereby the Trial Court closed the right of the Petitioner herein to file his written statement in view of the fact that despite due service of summons in November, 2022, no written statement was filed by the Petitioner.

1.1. The Petitioner is defendant No.1, Respondent no.1 is the plaintiff and Respondent No.2 is arrayed defendant No.2 in the civil suit. The Petitioner and Respondent No.2 are the sons of Respondent No.1.

2. The learned counsel for the Petitioner states that the Petitioner was unable to file the written statement on account of being pre-occupied with the illness of his wife, his child and self. He states that the written statement has not been filed even with this petition.

2.1. He states that the Petitioner is not in a position to p