Single judge allowed the cost reduction prayer in a civil revision petition. The trial court must take the written statement on record after depositing Rs. 5,000 and proceed on merits.
The petitioner is allowed Rs. 5,000 deposit to take written statement on record in the principal suit; the trial court to hear merits thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~A-66
SARITA GUPTA .....Petitioner
Through: Mr.__, Advocate (Appearance not given)
versus
SAVITRI GUPTA (DECEASED) THROUGH HER LRS.
.....Respondent Through: Mr.__, Advocate (Appearance not given)
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R % 05.08.2024
CM APPL. 43954/2024 (Exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
C.R.P. 232/2024 & CM APPL. 43953/2024 (Stay)
“(a). to set aside the impugned order dated 03-05-2024 of striking of defense of revisionist passed in CS/DJ/7180 by Sh. Sunil Beniwal, ADJ-06(South) Saket Courts, Delhi and her amended written statement may be taken on record by the Ld. Trial Court in the interest of justice;
(b). to set aside the impugned order appointing Ms. Hena Lamba, Advocate Enrollment No. D/ 1883/ 2005 Chamber No.805, Lawyers Block, Saket District Court Complex, New Delhi-110017, Mobile No.9818489802.
Or any other order which this Hon'ble Court deems fit and
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:08:46
proper in the facts and circumstances of the case.”
3 . Per Contra, learned counsel appearing on behalf of respondents No.2 to 5 vehemently opposed the instant petition, but has no objection to the innocuous prayer made on behalf of the petitioner. 4. Heard learned counsel for the parties and perused the record. 5. After perusal of the record, contentions made in the petition as well as the innocuous prayer made on behalf of the petitioner and no objection from the respondent, this Court is inclined to allow the prayer of the petitioner. 6. The petitioner is at liberty to approach the learned Trial Court with all the arguments on merits alongwith the copy of this order. After receiving the same, the learned Trial Court is directed to take on record the written statement of the petitioner, subject to the deposition of Rs.5,000/- within two weeks from today. Thereafter, the learned Trial Court may proceed on merits in accordance with law.
CHANDRA DHARI SINGH, J
AUGUST 5, 2024/ Dy/sm Click here to check corrigendum, if any
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 14:08:46
2 issues framed by the court
Whether the prayer to reduce filing cost for taking written statement on record should be allowed.
Whether the petition should be disposed of without expressing an opinion on merits.
1 provisions across 1 enactments
Sarita Gupta
Savitri Gupta (Deceased) Through Her LRS.
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
