Dalbir Singh v. Sachin

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1463/2017 and CM 47386-47387/2017 DALBIR SINGH ..... Petitioner Through: Mr. Rawinder Narwal, Advocate versus SACHIN ..... Respondent Through: Mr. G.S. Sharma, Advocate

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 02.02.2018 The written statement tendered by the petitioner on record of the civil suit (CS 270/2017) was not accepted by the trial judge by order dated 28.11.2017 for reasons of delay. The order to that effect is under challenge. The respondent‟s counsel who appears to resist the petition submits that the delay was of 92 days though the petitioner‟s counsel submits the delay was of 65 days only. Given the nature of the case (suit for specific performance and injunction) and the explanation offered, the petition is allowed. The impugned order is set aside. The delay is condoned. The written statement of the petitioner shall be taken on record on the next date of hearing and thereafter the case shall proceed further. The petition and the applications filed therewith are disposed of with these directions.

R.K.GAUBA, J.

FEBRUARY 02, 2018 yg