JUDGMENT :

1. Petitioner through the medium of present petition is calling in question the order dated 22nd February, 2023 passed by the Court of learned 1st Additional District Judge, Jammu by invoking the powers of this Court under Article-227 of the Constitution of India by virtue of which, the application filed by the petitioner seeking condonation of delay in filing the written statement has been dismissed with a further prayer to direct the aforesaid Court to take on record the written statement of the petitioner and adjudicate the matter on merits.

BRIEF FACTS OF THE CASE

2. Respondents have filed a suit against the petitioner whereby they have sought specific performance of the agreement/memorandum of understanding dated 23.10.2017 duly entered and executed between the petitioner and respondents herein. An application came to be preferred during the pendency of the aforesaid suit before the Court of 1st Additional District Judge, Jammu by the applicant/petitioner herein, who has sought condonation of delay in filing the written statement in the aforesaid suit on the ground