Pushpa v. Poonam Gupta
Case brief
What is this about?
The Delhi High Court allowed a writ petition under Article 226 to set aside an order striking off the petitioner's defence. The Court held the petitioner's reasons for delay were sufficient, allowed the written statement, and imposed a penalty of Rs. 10,000.
What did the court decide?
Impugned order set aside; written statement allowed on record; cost of Rs. 10,000 imposed on petitioner.
What the court decided
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
% Judgment reserved on: 08.02.2024 Judgment pronounced on: 22.04.2024
- CM(M) 521/2023 and CM APPL. 15522/2023—stay PUSHPA ..... Petitioner
Through: Mr. Ishan Sanghi, Ms. Poorvashi Kalra, Advs. M. 9999712309
versus
POONAM GUPTA ..... Respondent Through: None.
CORAM: HON’BLE MS. JUSTICE SHALINDER KAUR
J U D G M E N T
- A short controversy arising from the present petition pertains to the dismissal of an application filed by the petitioner seeking condonation of delay in filing of the written statement, thereby striking off her right to defence, vide impugned order dated 19.01.2023 passed by learned Senior Civil Judge-cum-Rent Controller, West District, Tis Hazari Courts, Delhi (hereinafter referred to as „Trial Court‟) in CS SCJ 552/2022 titled as ‘Poonam Gupta vs. Pushpa’ . Aggrieved by passing of the impugned order, the petitioner has taken the recourse of law by filing the present petition under Article 227 of the Constitution of India invoking the supervisory jurisdiction of this Court.
Issues for consideration
3 issues framed by the court
Whether the impugned order dismissinv application for condonation of delay in filing written statement should be set aside under Article 226.
Whether the petitioner's explanation for delay in filing the written statement is sufficient to condone a 95-day delay.
Whether a penalty should be imposed on the petitioner for causing delay in the trial proceedings.
Parties & counsel
- petitioner
Pushpa
- respondent
Poonam Gupta
Coram
Shalinder Kaur
Case details
As recorded by the court registry
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