RAJIV GUPTA AND ANR vs PRABHA DEVI AND ANR

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th July, 2025 + CM(M) 1224/2025 & CM APPL. 41233-41235/2025 RAJIV GUPTA AND ANR .....Petitioner Through: Mr. Rajinder Mathur, Mr. Tarun Mathur and Mr. Akshat Singhal, Advocates. versus PRABHA DEVI AND ANR .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and has filed a suit which seeks injunction. 2. There are two defendants in the abovesaid suit and they both were served on 11.01.2024 and were directed to file written statement within the statutory period. 3. However, when the matter was taken up by the learned Trial Court on 02.04.2024, noticing that the statutory period has already expired, the opportunity to file written statement was closed and their defense was struck off. 4. Defendants, however, moved an application seeking recall of the abovesaid order dated 02.04.2024. 5. The learned Trial Court, keeping in view the reason assigned by them, has recalled the order and permitted them to participate in the proceedings and Signature Not Verified Digitally Signed CM(M) 1224/2025 1 By:SONIA THAPLIYAL Signing Date:17.07.2025 18:17:57 written statement has also been directed to be taken on record, albeit, with a cost of Rs.10,000/-. 6. Such order dated 27.05.2025 is under challenge. 7. The impugned order would indicate that the learned Trial Court was of the view that the procedural law is a handmaiden of justice and the written statement had been filed on 102nd day from the date of service of summons and keeping in mind the hardship cited by such defendants and their medical conditions, the learned Trial Court thought it appropriate to permit them to participate in the proceedings. 8. Learned counsel