RENUKA KULKARNI vs VISHWENDRA SINGH & ORS.

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th August, 2025 + CM(M) 185/2022 RENUKA KULKARNI .....Petitioner Through: None. Versus VISHWENDRA SINGH & ORS. .....Respondent Through: Mr. Satya Prakash Yadav, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 185/2022 & CM APPL. 48375/2025 (seeking disposal of petition) 1. The next date in the present petition is 18.09.2025. 2. However, in the interregnum, one application under Section 151 CPC has been filed by the respondent whereby, without prejudice to their rights and contentions, they have given their “no objection” if the written statement of petitioner herein is directed to be taken on record. 3. Petitioner herein is defending a suit which is commercial in nature. 4. In such suit, she has been arrayed as defendant No.8. 5. By virtue of impugned order dated 17.12.2021, her right to file written statement has been closed. 6. Admittedly, after filing of the suit, the plaintiff had sought amendment in the plaint and his amended plaint was taken on record on 07.10.2021. 7. Thereafter, there was appearance from the side of defendant No.2 Signature Not Verified Digitally Signed CM(M) 185/2022 1 By:DINESH CHANDRA Signing Date:08.08.2025 17:33:47 before the learned Trial Court for the first time on 17.12.2021 and on the same day, the right of defendant No.8, as well as of some others, to file written statement was closed. 8. Apparently, the right to file written statement has been closed on the first date itself and within the outer permissible limit of 120 days. 9. Since the plaintiff had sought amendment in the plaint, the period for the purposes of reckoning of limitation would commence only from the date when the copy of such amended plaint is supplied to its adversary. 1