Mohar Singh & ANR v. Madhuri Singh

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 571/2015 MOHAR SINGH & ANR ..... Petitioners Through Mr. Anil Kumar Sharma, Adv.

versus MADHURI SINGH ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 23.02.2016 Order impugned before this Court is the order dated 10.03.2015 vide which the written statement filed by the petitioners/defendants in the Trial Court had been taken off the record noting that there was a delay of almost 150 days in filing the written statement. Record shows that the present suit is a suit for possession and recovery of arrears of rent from the two defendants. The defendants were served on 24.09.2014. Written statement was to be filed within 30 days. Written statement was however filed only on 26.02.2015 which was even after the extended period of 90 days. There was also no application seeking condonation of delay. Learned counsel for the petitioners submits that because of serious ailment in the family of the counsel for the defendants, written statement could not prepared in time and a valuable right of the defendants/petitioners would be lost in case they are not allowed to plead their defence.

None has appeared for the plaintiff/respondent today although he has appeared on the last date.

Noting the submission of the learned counsel for the petitioner, subject to payment of costs of Rs.20,000/-, written statement is taken on record.

With these directions, petition disposed of.

INDERMEET KAUR, J FEBRUARY 23, 2016