Allowed

Shakuntala Devi v. Ankur Jain

Delhi HC22 Jan 2024C.R.P./261/2023

Case brief

AI extract

What is this about?

The Delhi High Court allowed a review petition to set aside an order striking off the petitioner's written statement to a counter claim for delay. The court emphasized that both parties are before the court and evidence is to be recorded, finding no prejudice to the respondent.

What did the court decide?

The review petition is allowed; the impugned order dated 08.08.2023 is set aside subject to the payment of costs of Rs. 10,000/- to the respondent.

Shakuntala Devi Vs Ankur Jain — Landlord and Tenant | Delhi HC (2024)

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$~3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.R.P. 261/2023

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SHAKUNTALA DEVI ..... Petitioner Through: Mr. Ajit Singh, Advocate.

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versus

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ANKUR JAIN ..... Respondent Through: Mr. Raj Kumar, Mr. Ashok & Ms. Sangita Chauhan, Advocates

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CORAM:

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HON'BLE MR. JUSTICE DHARMESH SHARMA

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O R D E R

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% 22.01.2024

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The petitioner, who claims to be the landlady in respect of the suit property, has filed a suit being CS(COMM.).57/2023 before the learned Trial Court, seeking recovery of rent/possession of the suit property from the respondent/defendant.

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It appears that in the said suit, a counter claim has been filed on behalf of the respondent/defendant and a copy of the same was supplied to the petitioner/plaintiff on 23.01.2023. However, since the written statement to the counter claim has not been filed by the petitioner/plaintiff, the impugned order dated 08.08.2023 was passed whereby the learned District Judge (Commercial Court), North District, Rohini, Delhi had noted that there was a delay of 40 days in filing the written statement, and therefore, the written statement was directed to be taken off the record.

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During the course of arguments, it is pointed out that issues have already been farmed in both the matters. The petitioner is an old

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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 06/06/2024 at 14:38:56

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lady of about 80 years of age. Although there was a delay of 40 days in filing written statement to the counter claim, however, it is submitted on behalf of the petitioner/plaintiff that although it was recorded in the order dated 23.01.2023 that the copy had been supplied, however, it was only belatedly supplied sometime in the month of April, 2023.

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Be that as it may, the bottom line is that both the parties are before the learned District Judge (Commercial Court) and evidence of the parties is yet to be recorded. It would be apposite that both the parties are allowed to contest the matter in an appropriate manner so as to enable the learned District Judge (Commercial Court) to adjudicate on the entire gamut of the matter put forth by the respective parties. Apparently no prejudice has been caused to the respondent/defendant for the delay caused in filing the written statement.

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Accordingly, in the interest of justice, the present review petition is allowed. The impugned order dated 08.08.2023 is hereby set aside, subject to the payment of cost of Rs.10,000/- which shall be paid to the respondent/defendant before the learned District Judge (Commercial Court) on the next date of hearing. It is made clear that nothing contained in this order shall tantamount to an expression of opinion on the merits of the case.

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The revision petition is disposed of accordingly.

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DHARMESH SHARMA, J.

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JANUARY 22, 2024/ck

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Shakuntala Devi v. Ankur Jain

Case brief

What is this about?

What did the court decide?

Shakuntala Devi v. Ankur Jain

Case brief

What is this about?

What did the court decide?

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