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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Ml Lahoty - Petitioner
Versus
New Delhi Municipal Council - Respondent
W.P. (C) 5260 of 2023 & CM APPL. 20567 of 2023, CM APPL. 60842 of 2023, W.P.(C) 5448 of 2023 & CM APPL. 21318 of 2023, CM APPL. 21319 of 2023, CM APPL. 60899 of 2023, W.P.(C) 5487 of 2023 & CM APPL. 21379 of 2023, CM APPL. 60868 of 2023 ,CM APPL. 4863 of 2025, W.P.(C) 5546 of 2023 & CM APPL. 21808 of 2023, CM APPL. 60833 of 2023, W.P.(C) 5583 of 2023 & CM APPL. 21890 of 2023, CM APPL. 21891 of 2023, CM APPL. 60883 of 2023, W.P.(C) 5600 of 2023 & CM APPL. 21973 of 2023, CM APPL. 21974 of 2023, CM APPL. 60873 of 2023, W.P.(C) 5609 of 2023 & CM APPL. 21999 of 2023, CM APPL. 22000 of 2023, CM APPL. 60890 of 2023, W.P.(C) 5724 of 2023 & CM APPL. 22432 of 2023, CM APPL. 60846 of 2023, W.P.(C) 5744 of 2023 & CM APPL. 22518 of 2023, CM APPL. 60848 of 2023, W.P.(C) 5750 of 2023 & CM APPL. 22523 of 2023, CM APPL. 60829 of 2023, W.P.(C) 5843 of 2023 & CM APPL. 22890 of 2023, CM APPL. 60908 of 2023, W.P.(C) 5844 of 2023 & CM APPL. 22894 of 2023, CM APPL. 60903 of 2023, W.P.(C) 5903 of 2023 & CM APPL. 23088 of 2023, CM APPL. 60901 of 2023, W.P.(C) 5947 of 2023 & CM APPL. 23350 of 2023, CM APPL. 60871 of 2023, W.P.(C) 6028 of 2023 & CM APPL. 23634 of 2023, CM APPL. 60835 of 2023, W.P.(C) 6297 of 2023 & CM APPL. 24730 of 2023, CM APPL. 60861 of 2023, W.P.(C) 6299 of 2023 & CM APPL. 24733 of 2023, CM APPL. 60838 of 2023, W.P.(C) 6318 of 2023 & CM APPL. 24812 of 2023, CM APPL. 60840 of 2023, W.P.(C) 6344 of 2023 & CM APPL. 24919 of 2023, CM APPL. 60881 of 2023, W.P.(C) 6458 of 2023 & CM APPL. 25384 of 2023, CM APPL. 60865 of 2023, W.P.(C) 6508 of 2023 & CM APPL. 25580 of 2023, CM APPL. 60875 of 2023, W.P.(C) 7518 of 2023 & CM APPL. 29190 of 2023, CM APPL. 60897 of 2023, W.P.(C) 7667 of 2023 & CM APPL. 29687 of 2023, CM APPL. 60831 of 2023, W.P.(C) 7682 of 2023 & CM APPL. 29707 of 2023, CM APPL. 60877 of 2023, W.P.(C) 7688 of 2023 & CM APPL. 29743 of 2023, CM APPL. 60844 of 2023, W.P.(C) 7716 of 2023 & CM APPL. 29811 of 2023, CM APPL. 60896 of 2023, W.P.(C) 7739 of 2023 & CM APPL. 29856 of 2023, CM APPL. 57744 of 2023, W.P.(C) 7886 of 2023 & CM APPL. 30362 of 2023, CM APPL. 58532 of 2023, W.P.(C) 8187 of 2023 & CM APPL. 31404 of 2023, CM APPL. 60892 of 2023, W.P.(C) 5576 of 2023 & CM APPL. 21874 of 2023, CM APPL. 21875 of 2023, CM APPL. 60828 of 2023, CM APPL. 60856 of 2023
Decided On : 01-04-2025
ORDER :
Mini Pushkarna, J.
1. Learned counsel appearing for the petitioners submits that the affidavit stated to be filed on behalf of Land and Development Office (“L&DO”), has not been received by them.
2. This Court notes that affidavit dated 4th February, 2025, filed on behalf of L&DO, is on record.
3. Accordingly, all the respective counsels for the petitioners are directed to take a soft copy from the court master.
4. Learned counsel appearing for the petitioners submits that a detailed rejoinder has been filed on behalf of the petitioners and accordingly, a sur-rejoinder needs to be filed on behalf of respondent-New Delhi Municipal Council (“NDMC”).
5. Learned counsel appearing for NDMC at this stage submits that she has received rejoinder only in one of the matters, and without documents.
6. Accordingly, let copies of the rejoinders be supplied to learned counsel appearing for the respondent-NDMC, on the e-mail, which is reflected in today’s order.
7. Learned counsel appearing for respondent-NDMC is directed to peruse the rejoinders and if need be, file a sur-rejoinder, in terms of what has been stated before this Court by learned counsel for the petitioners.
8. Learned counsel appearing for the intervenor submits that he has filed written submissions, in terms of the liberty granted vide order dated 21st August, 2024.
9. Let copies of the said written submissions, be served upon learned counsel appearing for the petitioners, on the e-mails, which are reflected in today’s order.
10. Learned counsels appearing for the petitioners, in other matters, submit that rejoinder on their behalf is yet to be filed and accordingly, requests that time may be granted to file the same.
11. Let rejoinders be filed by the petitioners, wherever, they have not been filed, within a period of six weeks, from today.
12. The parties are directed to contact each other and ensure thatwherever any pleadings are not available with the respective counsels, the same shall be supplied to each other.
13. Let pleadings be completed in all the matters.
14. Accordingly, re-notify on 14th August, 2025.
15. Interim order to continue.
The court emphasized the necessity for all parties to have access to pleadings and submissions to ensure fair proceedings.
Procedural fairness requires courts to provide both parties an opportunity to adequately present their cases.
The court ruled that leave to file an affidavit-in-rejoinder requires a reasonable cause, which was not established, emphasizing adherence to procedural rules to ensure timely resolution in commercia....
Court can extend deadlines for filings in matters of estate and probate while ensuring justice is served without unnecessary delay.
A rejoinder can be filed at any stage of proceedings under Order VIII Rule 9 of CPC without a specified limitation, and mere delay is not sufficient to justify denial if it does not prejudice the opp....
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