% 03.04.2024

1. The present petition under Article 227 of the Constitution of India has been filed impugning the order dated 23.05.2022 passed by the Additional District Judge-02, North District, Rohini Courts, Delhi (hereinafter referred as „Trial Court‟) in CS DJ No.29/2021 titled as “Usha Garg vs Anil Kumar Aggarwal & Ors” whereby the petitioner‟s application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter “CPC”) was dismissed. The respondent herein is the plaintiff and the petitioner is the defendant no.1 before the learned Trial Court.

2. Pertinently, apart from dismissing the application under Order VII Rule 11 CPC, the learned Trial Court had also closed the right of the petitioner to file the written statement. However, before this Court on 18.07.2022, the learned counsel for the petitioner has restricted his relief to

the prayer for being permitted to file his written statement in response to Civil Suit bearing CS DJ No. 29/2021 instituted by the respondent against the petitioner and thereby forego his right to challenge the order of dismissal of his application under Order VII Rule 11 of the CPC.

3. A brief