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2023 Supreme(Del) 5949

MANMEET PRITAM SINGH ARORA
Rajeshwar Nath Kaul – Appellant
Versus
Jagbir Singh – Respondent


Advocates appeared:
Mr. Aditya Gaur and Mr. Mahesh Kumar Sogra, Advocates, for the Petitioner.
Appearance not given, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 49357/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1566/2023 & CM APPL. 49356/2023

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 10.08.2023 passed by ASCJ/JSCC/GJ, Saket Courts, New Delhi (`Trial Court') in CS SCJ 213/2021, Rajeshwar Nath Kaul v. Jagbir Singh, allowing an application filed by the Respondent under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (`CPC') and permitting the written statement of the Respondent to be taken on record.

1.1. The Petitioner is the plaintiff and the Respondent is the defendant before the Trial Court in the suit.

2. The learned counsel for the Petitioner states that he is aggrieved by the laxity shown by the Respondent in conducting the matter so far before the Trial Court and he states that he apprehends that in view of the indulgence shown to the Respondent he will continue to further delay the trial proceedings.

2.1. He states, after some arguments, that Petitioner is seeking the limited relief that the Trial Court be requested to hear the matter and decide the

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