TALIBU NISHA & ANR. vs KADIR KHAN & ANR.

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th April, 2026 + CM(M) 194/2026 TALIBU NISHA & ANR. .....Petitioners Through: Appearance not given. versus KADIR KHAN & ANR. .....Respondents Through: Mr. Shehran Malik and Ms. Arshi Malik, Advocates. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed under Article 227 of the Constitution of India, assailing the order dated 10th December, 2025 passed by the learned Trial Court in Civ. DJ. 311/25, whereby the right of petitioner/defendant to file the written statement has been closed. 3. Heard. Record perused. 4. Learned counsel for the petitioner has argued that on 13th August, 2025, a copy of the plaint along with documents was supplied to the petitioner/defendant. Thereafter, the petitioner/defendant filed the written statement along with an application seeking condonation of delay in filing the written statement before the learned Trial Court on 19th November, 2025. However, vide the impugned order dated 10th December, 2025, the learned Trial Court has closed the right of the petitioner/defendant to file the written Signature Not Verified Signed By:VAISHALI CM(M) 194/2026 Page 1 of 2 CHAUHAN Signing Date:30.04.2026 16:35:58 statement on the ground that the same had not been filed despite several opportunities. 5. Learned counsel for the respondent/plaintiff submits that there is delay in filing the written statement and the same may be taken on record subject to payment of heavy costs. 6. Keeping in view the facts and circumstances of the case, this court is of the opinion that it is in the interest of justice, if the delay in filing the written statement is condoned as the