Manish Aggarwal v. Parivar Singh

$~A-19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 26/2016 MANISH AGGARWAL ..... Petitioner Through Mr.Manish Aggarwal, Ms.Priyanka Kathuria and Mr.Vignesh Sharma, Advocates versus PARIVAR SINGH ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 08.12.2016 By the present petition under Article 227 of the Constitution of India the petitioner seeks to impugn the order dated 8.12.2015 by which an application under Order 8 Rule 1 & 10 CPC read with section 5 of the Limitation Act filed by the respondent was allowed and the written statement filed after 120 days was allowed to be taken on record. Learned counsel appearing for the petitioner submits that in the application seeking condonation of delay no reasons have been given. Perusal of the application under section 5 of Limitation Act would show that various reasons are given for non-filing of written statement in time. The trial court has exercised discretion in condoning the delay. There is no error apparent on the face of the record to warrant interference by this court in the discretion exercised by the trial court. Petition is dismissed. All pending applications, if any also stand disposed of accordingly.

JAYANT NATH, J DECEMBER 08, 2016 n