INDRANI BASU ROY vs JAGABANDHU BANERJEE

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 7th April, 2025 CM(M) 649/2025 & CM APPL. 20561-20562/2025 INDRANI BASU ROY .....Petitioner Through: Mr. Amrik Singh, Advocate. versus JAGABANDHU BANERJEE .....Respondent Through: Mr. Swarup Sagar Roy, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for recovery and is aggrieved by order dated 09.12.2024 passed by the learned Trial Court observing that since the written statement has not been submitted within the statutory period and no application seeking condonation of delay has been filed either, her defence has been struck off. 2. According to learned counsel for the petitioner/defendant, there is a delay of mere two days, beyond the permissible outer limit of ninety days in filing the written statement and since the suit was regular in nature, not a commercial one, and since the provision with respect to filing of a written statement in a regular suit is merely directory in nature, the Court should have condoned the delay and should have taken the written statement on record. 3. Mr. Swarup Sagar Roy, learned counsel for respondent/plaintiff appears o