O R D E R

% 12.09.2017 CM No.33248/2017 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CM No.33249/2017 (for condonation of 25 days delay in re-filing the petition)

3. For the reasons stated, the delay is condoned.

4. The application is disposed of.

CM(M) 1000/2017 & CM No.33247/2017 (for stay)

5. This petition under Article 227 of the Constitution of India impugns the order [dated 16th May, 2017 in Civil Suit No.11724/2016 of the Court of Additional District Judge-01 (ADJ) (South-East), Saket Courts, New Delhi] striking off the defence of the petitioner for non-filing of the written statement.

6. The counsel for the petitioner has argued that though the suit from which this petition arises was instituted in the year 2012 but the petitioner was proceeded against ex parte in the suit and applied for setting aside of the ex parte and which application was allowed on 17th February, 2017 when the following order was passed:

“Ld. Counsel for plaintiff submitted that he has already filed the reply to the defendant‟s application under Order IX rule 7 CPC, however to cut short the further delay, as matter was initially filed in the year 2012, he has no obj