M/S L.I.I TRADE PARK PVT LTD vs SANJOO KHERA

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th March, 2025 + CM(M) 2902/2024 & CM APPL. 38555/2024 & CM APPL. 43187/2024 M/S L.I.I TRADE PARK PVT LTD .....Petitioner Through: Mr. Pawan Kumar, Advocate. versus SANJOO KHERA .....Respondent Through: Mr. Anubhav Agrawal, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for eviction, recovery of possession, arrears of rent, mesne profits and damages etc. 2. During the pendency of the abovesaid suit, defendant (petitioner herein) moved an application under Order VIII Rule 1 CPC praying therein that the delay in filing the written statement may be condoned. 3. Learned District Judge, South East, Saket, Delhi, after hearing both the sides and noticing the conduct of the defendant, dismissed the abovesaid application and also struck off the defence of said defendant. 4. Such order dated 06.06.2024 is impugned herein. 5. Learned counsel for respondent (plaintiff before the learned Trial Court) has already filed a reply to the present petition. 6. This Court has gone through the averments made by the petitioner in the application which he had filed under Order VIII Rule 1 read with Section Signature Not Verified Digitally Signed CM(M) 2902/2024 1 By:SONIA THAPLIYAL Signing Date:18.03.2025 19:35:32 151 CPC whereby he sought condonation of delay on the ground that the defendant was busy in some personal work and that the counsel was unable to come as he had met with some accident. 7. The defendant was served with summons on 07.02.2024 and, admittedly, written statement was filed by him on 15.05.2024. If the initial period of 30 days is excluded, there is, reportedly, delay of 66 days in filing the written statement. 8. The suit is non-commercial in natu