ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”)has been filed on behalf of the petitioner seeking the following reliefs:

“(i) Accept the present Civil Revision Petition and set aside the impugned Order dated 20.08.2022 passed by the Ld. A.D.J.-03, North District, Rohini District Courts Delhi in civil suit No. CS DJ 59124 of 2016 titled as "Om Prakash vis Shamsher", in the interest of justice; and/or (ii)Pass any other or further Order(s), which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Petitioner/Plaintiff and against the Respondent/Defendant, in the interest of justice.”

2. The petitioner/plaintiff is the permanent resident of the village Khera Khurd, Delhi, where he primarily deals in the business of agriculture and cultivation. The respondent/defendant is a relative of the petitioner residing in Gurgaon, Haryana and is running his own business of property dealing.

3. The respondent had taken a loan of Rs. 40,00,000/- (Rupees Forty Lacs only) from the petitioner on 26th December, 2005. Despite providing numerous opportunities for repayment of the loan, the respondent utterly failed repaying the loan amount to the petitioner.

4. The petitioner had filed a Civil Suit bearing no. CS (OS) 756 of 2013 under Order XXXVII Rule 1 of the CPC before this Court on 5th April, 2013 for the recovery of loan amount of Rs. 40,00,000/- (Rupees Forty Lacs only) from the respondent. The said suit was transferred to the learned District Court of Rohini vide administrative Order dated 19th January, 2016 and was renumbered as CS DJ 59124 of 2016.

5. In the said suit the learned Trial Court vide Order dated 21st April, 2018 had allowed the application of the respondent for leave to defend filed under Order XXXVII Rule 3(5) of CPC, directed the respondent to file his written statement.

6. The learned Trial Court vide Order dated 25th August, 2018 had struck off the defense of the respondent by deciding an application moved by the petitioner under Order VIII Rule 10 read with section 151 of the CPC since the respondent had failed to file his written statement within the stipulated period.

7. Consequently, the respondent had moved an application under Order VIII Rule 1 read with Section 148 & 151 of the CPC seeking setting aside of the Order dated 25th August, 2018 and therefore, requesting for an extension of time for filing written statement.

8. The learned Trial Court vide impugned order dated 20th August, 2022 permitted the respondent to file his written statement within seven days, thereby, deciding the above application filed by the respondent in the affirmative.

9. Being aggrieved by the impugned order of the learned Trial Court dated 20th August, 2022 the petitioner has filed the instant revision petition before this Court seeking for impugned order dated 20th August, 2022 to be set aside.

10. Learned counsel appearing on behalf of the petitioner submitted that the present petition has been filed against the impugned order dated 20th August 2022, whereby, the learned Trial Court without considering the entirety of the matter ,had allowed the application of the respondent under Order VIII Rule 1 of the CPC.

11. It is submitted that the impugned order has been passed by the learned Trial Court without applying its judicial mind and has committed grave error of facts and law, hence the impugned order is liable to be set aside.

12. It is submitted that the learned Trial Court while passing the impugned Order dated 20th August, 2022 has failed to consider that the application filed by the respondent for setting aside the order dated 25th August, 2018 vide which the defense of the respondent was struck off, is based on false, fake and frivolous grounds.

13. It is further submitted that the learned Trial Court has ignored the fact that the defense of the respondent was already struck off by th