SH. RAMA KANT SINHA AND ANR. vs SH. BHUPESH KUMAR BANSAL

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th August, 2025 + CM(M) 1189/2025& CM APPL. 40001/2025 SH. RAMA KANT SINHA AND ANR. .....Petitioners Through: Mr. Abhay Kumar, Mr. Krishna Arora, Advs. alongwith petitioners in person. versus SH. BHUPESH KUMAR BANSAL .....Respondent Through: Mr. Jairam Garg, Adv. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defendants No.1 and 2 before learned Trial Court and are aggrieved by order dated 02.06.2025 whereby their right to file written statement has been closed. 2. Apparently, there was appearance from their side before the learned Trial Court on 25.03.2025 and the proceedings dated 25.03.2025 also indicate that one of the petitioners was present in the court and copy of plaint and documents, which had been received back with the ‘unserved summons’, were supplied to him by the learned Trial Court with the direction to file written statement within 30 days. The direction was quite specific and categoric and defendant No.1 was impressed upon to submit written statement within 30 days. 3. However, when the matter was taken up on the next date of hearing i.e. Signature Not Verified Digitally Signed CM(M) 1189/2025 1 By:SONIA THAPLIYAL Signing Date:21.08.2025 16:45:47 02.06.2025, noticing that the written statement had not been filed and, no application seeking extension of time had been filed either, the right to file written statement has been closed. 4. Such order is under challenge. 5. Learned counsel for respondent/plaintiff submits that there is no explanation coming from their side as to why they did not file written statement within the initial prescribed period of 30 days. 6. Admittedly, in case, defendants were unable to file written statement within the prescribed