MR LOKESH SHARMA vs DELHI PUBLIC LIBRARY

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18thFebruary, 2026 + CM(M) 347/2026, CM APPL. 9616/2026, CM APPL. 9617/2026, CM APPL. 9618/2026 &CM APPL. 11058/2026 MR LOKESH SHARMA .....Petitioner Through: Ms. Sangita Rai and Ms. Saumam Singh, Advocates. versus DELHI PUBLIC LIBRARY .....Respondent Through: None. 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 by the petitioner under Article 227 of the Constitution of India, 1950, assailing the impugned order dated 08th January, 2026, passed by the learned Trial Court in CS DJ No. 496/2023, whereby an application of the petitioner/defendant under Order VIII Rule 1 read with Section 148 read with Section 151 Code of Civil Procedure, 1908 (‘CPC’), seeking extension of time to file the written statement has been dismissed. 3. Heard. Record perused. 4. Learned Counsel for the petitioner has argued that the learned Trial Court has passed the impugned order on the basis of surmises and conjectures and that the same is against the facts and law. It is further submitted that the Signature Not Verified Signed By:NAMITA CM(M) 347/2026 Page 1 of 4 DHYANI Signing Date:19.02.2026 11:31:15 delay in filing the written statement occurred on account of the petitioner being 70 years of age and his wife suffering from life threatening illness which requires regular doctor visits and medical treatment. Learned Counsel for the petitioner, therefore, prays that since the delay in filing the written statement was beyond the control of the petitioner, the same be condoned and the written statement be taken on record. 5. Order VIII Rule 1 of CPC reads as under: “1. Written Statement.— The Defendan