Anita Sadhwani & ORS v. Bhagwan Das Deep Chand Sidhwani & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2377/2019 ANITA SADHWANI & ORS ..... Petitioners Through:

Mr Shakul R. Ghatole, Mr Sushant Mahajan, Advocates.

versus BHAGWAN DAS DEEP CHAND SIDHWANI & ORS ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.03.2019 CM No.11084/2019 1.

Allowed, subject to all just exceptions.

W.P.(C) 2377/2019 & CM No.11083/2019 2.

The petitioner has filed the present petition impugning an order dated 21.08.2018, passed by the learned Additional District Judge (ADJ), SouthEast District, New Delhi in Bhagwan Das Deep Chand Sidhwani v. Saroj Minz & Ors., Civil Suit No.7839/2016. In terms of the said order, the Court had declined the petitioners request for filing a written statement and for placing the same on record.

3.

The petitioners were arrayed as defendant nos.3 to 5 in the said suit, and their defence had been struck off, on account of their failure to file their written statement. Admittedly, the suit was instituted on 21.07.2015, and due notice of the same was received by the petitioners. It is the case of the

petitioners that they had instructed their advocate to file the written statement, but he had not entered appearance. 4.

Plainly, there is no error of jurisdiction on part of the learned ADJ and, therefore, no interference is called for by this Court in these proceedings.

5.

The petition is, accordingly, dismissed. The pending applications are disposed of.

VIBHU BAKHRU, J MARCH 12, 2019 MK