BABY vs OFFICE OF DEPUTY DIRECTOR DELHI URBAN SHELTER IMPROVEMENT BOARD

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.04.2025 + C.R.P. 379/2023 and CM APPL. 18846/2025 BABY .....Petitioner Through: Mr. Kuldeep Rana, Advocate. versus OFFICE OF DEPUTY DIRECTOR DELHI URBAN SHELTER IMPROVEMENT BOARD .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present petition has been filed under Section 115 read with Section 151 of the Code of Civil Procedure (CPC), challenging the order dated 08.09.2022 passed by the learned Civil Judge – 03, Central Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application under Order XII Rule 6 CPC, filed by the Petitioner (Plaintiff before the learned Trial Court) has been dismissed. 2. Notice in this Petition was issued by a Coordinate Bench of this Court on 18.12.2023. None appears for the Respondent. There was no appearance on behalf of the Respondent on the last two dates of hearing as well. Accordingly, and in view of the fact that the Petition is pending for some time now, this Court deems it apposite to hear and decide the matter. 3. Learned Counsel for the Petitioner has made two submissions. Firstly, relying on the paragraph 2 of the amended Written Statement it is Signature Not Verified Digitally Signed By:JAI C.R.P. 379/2023 Page 1 of 8 NARAYAN Signing Date:14.05.2025 11:49:26 submitted that there is an admission by the Respondent in the Written Statement which has not been considered by the learned Trial Court. Secondly, it is contended that there is a hand written document available in the file of the Respondent, which evidences his case. Thus, a judgment on admission should be pronounced. 4. The Respondent has filed a Counter Affidavit before the Court. In the Count