JUDGMENT

Amit Bansal, J. (Oral)--The present petition under Article 227 of the Constitution of India impugns the order dated 23rd January, 2020 passed by the Court of Additional District Judge (ADJ), Dwarka Courts, Delhi in Civil Suit No.439/2019, whereby the application for condonation of delay filed on behalf of the respondent/defendant no.2, in respect of filing the memo of appearance, has been allowed subject to costs of Rs.10,000/-.

2. The facts in the present petition are not in dispute and are stated below:

2.1. The suit was filed by the petitioner/plaintiff for recovery in May 2019 under Order XXXVII of the Code of Civil Procedure, 1908 (CPC).

2.2. The summons were served on the respondent/defendant on 12th June, 2019 and thereafter, dates were fixed in the matter on 20th August, 2019, 19th October, 2019 and 5th December, 2019, when the counsel for the respondent/defendant no.2 appeared but did not file the memo of appearance.

2.3. On 5th December, 2019, the counsel for respondent/defendant no.2 submitted before the ADJ that he would move an application putting appearance of defendant no.2 and seeking condonation of delay in putting the appearance by 6th December, 2019.