O R D E R

% 21.07.2014

1. Plaintiff has filed the present suit for declaration, recovery of possession, damages for illegal occupation/mesne profits and permanent injunction with respect to the Flat bearing no.42, 3rd floor, Antariksha Apartment, Vikas Puri, New Delhi (hereinafter referred to as the ‘suit property’.

2. Office is directed to place the amended plaint along with amended memo of parties in Part 1 of the file.

3. Learned counsel for the plaintiff prays that a decree may be passed against defendant no.1 under Order VIII Rule 10 CPC as after service the defendants had sought time to file the written statement, however, no written statement has been filed by defendant no.1. It is further submitted that right to file written statement of defendant no.1 was closed on 30.5.2014 and the defendant has failed to take any steps for recall of the order so passed.

4. Learned counsel appearing on behalf of defendant no.1 submits that he has recently been engaged in the matter and prays that the matter should be adjourned to enable him to take appropriate steps in the matter.

5. The prayer for adjournment is opposed by learned counsel for the plaintiff on the ground that defendant no.1 is