ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. CM APPL. 29096/2026 (for exemption)

Allowed, subject to all just exceptions. Application is disposed of.

3. CM(M) 990/2026 & CM APPL. 29095/2026 (for stay)

This is a petition filed under Article 227 of the Constitution of India, 1950 assailing the order dated 07^th March, 2026 passed by the learned Trial Court in CS SCJ No. 2450/2024, whereby an application filed by the petitioner/defendant under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) seeking condonation of delay in filing the written statement, has been dismissed.

4. Heard. Record perused.

5. Learned Counsel for the petitioner has argued that the learned Trial Court has passed the impugned order on the basis of surmises and conjectures and the same is against the facts and law. It is further submitted that the denial of opportunity to file the written statement has resulted in grave prejudice to the petitioner. The delay in filing the written statement was not deliberate but occurred on account of bona fide prosecution of an application under Order VII Rule 11 CPC. Learned