JUDGMENT (Oral)

1. This petition, under Article 227 of the Constitution of India, assails the following order dated 03rd March, 2022, passed by the learned Additional District Judge ("the learned ADJ"), in CSDJ No. 6668/2018:

CSDJ No. 6668/18

Mansi Jain vs. Abhinav Jain

03.03.2022

Present: Ms. Manju Jain, Ld. Counsel for the plaintiff.

Defendant in person.

An application u/o IX Rule 7 R/w Section 114 and 151 CPC has been moved by defendant for setting aside the ex-parte order dated 30.11.2021 and review of the order passed by the court on aforesaid date.

Defendant no.1 Sh. Abhinav Jain, also happens to be an Advocate, states that due to pandemic conditions he could not pay the cost, though, the WS was filed on record. Ld. Counsel for the plaintiff states that the defendant is taking all steps for delaying the matter.

The court has considered the rival arguments. The present suit is suit for Possession/Damages and Mesne Profit which was filed on 21.12.2018. Opportunity has been granted repeatedly to the defendant and cost was imposed. Though, as such no ground for recall order is made out however keeping in view the pandemic condition, the WS being filed on record and fact that de