SH. KEWAL KRISHAN vs SH. GULSHAN KUMAR & ORS.

Judgment text excerpt

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15.09.2025 + CM(M) 1806/2025, CM APPL. 58071/2025 & 58070/2025 SH. KEWAL KRISHAN .....Petitioner Through: Mr. Vijay Kinger and Mr. Digvejender Sharma, Advocates versus SH. GULSHAN KUMAR & ORS. .....Respondents Through: None CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner (defendant no.1 in suit) has assailed order dated 22.07.2025 of the learned trial court, whereby his application seeking recall of order dated 01.04.2025 (closing his right to file Written Statement) and application under Order VIII Rule 1 CPC seeking condonation of delay in filing the Written Statement were dismissed. 2. Having heard learned counsel for petitioner, I do not find it a fit case to issue notice. 3. Broadly speaking, circumstances relevant for the present purposes are as follows. In the suit filed by the present respondent no. 1 against the CM(M) 1806/2025 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, Signature Not Verified serialNumber=d3e86796451ec45c07b5d15570996b40f80c bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.09.15 17:17:10 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:15.09.2025 18:07:04 petitioner and the remaining respondents for declaration, injunction and other reliefs, the present respondents no.2-4 were proceeded ex-parte while the present petitioner opted not to file Written Statement within time prescribed by law, so right to file Written Statement of the petitioner (defendant no. 1) was closed on 01.04.2025. Thereafter on 01.05.2025, petitioner filed an applic