Disposed
Danink Tribune v. Amit Suneja & Ors.
Delhi HCCM(M)/1605/2019
Case brief
from the order text
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HIGH COURT OF DELHI AT NEW DELHI + CM (M)…
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DANINK TRIBUNE ..... Petitioner Through: Mr. Neeraj K. Gupta and Mr. Ranjeet Kumar Singh, Advocates. (M:9968774295)
CM APPL. 4035/2020 (exemption)
CM APPL. 4034/2020 (clarification of order dated 08.11.2019) in CM (M) 1605/2019
“ 1. The present petition has been filed challenging the impugned order dated 28th September, 2019 by which the written statement of the Petitioner/ Defendant No. 3 (hereinafter, “Defendant No. 3”) has not been taken on record. The grievance of the Petitioner is that initially Defendant No.3 had appeared pursuant to the application under Order I Rule 10 and was only impleaded on 19th October, 2015. Thus, the time period which has been calculated by the Trial Court is incorrect. The Court has perused the order sheet of the Trial Court. Defendant No. 3 was impleaded on 19th October, 2015. Thus, there was no justification for not filing of written statement in time. Defendant No. 3
did stay away from the proceedings for a considerable period, without going into the technicalities as to the exact number of months. The impugned order refusing to take the written statement on record has been passed only on 28th September, 2019. This Court does not deem it necessary to interfere with the impugned order, however, it is clarified that Defendant No. 3 would have the right to cross examine the Plaintiff’s witnesses and also to participate in the proceedings.
2. The petition with all pending applications is disposed of. Dasti.”
PRATHIBA M. SINGH, J.
JANUARY 31, 2020/ dk
Danink Tribune
Amit Suneja
Prathiba M. Singh
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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