VEENA DEVI vs GAYATRI

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :20th February, 2026 + CM(M) 1865/2024 & CM APPL. 8809/2024 VEENA DEVI .....Petitioner Through: Mr. Piyush M. Dwivedi, Mr. Shubham Yadav, Mr. Chetanya Baweja, Mr. Abhishek Dwivedi, Advocates. versus GAYATRI .....Respondent Through: Mr. Vishal Bakshi, Advocate (through VC). 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 orders passed by the learned Trial Court in Civ DJ 647/2021, namely: (i) order dated 02nd November, 2022, whereby the petitioner/ defendant’s opportunity to file the written statement was closed; (ii) order dated 20th July, 2023, whereby the petitioner/defendant was proceeded ex parte; and (iii) order dated 02nd January, 2024, whereby the petitioner’s application under Section 151 of the Code of Civil Procedure, 1908, seeking setting aside of the ex parte order, was dismissed. Signature Not Verified Signed By:MANISHA CM(M) 1865/2024 Page 1 of 2 RAJPUT Signing Date:23.02.2026 16:30:04 3. Heard. Record perused. 4. At the outset, learned counsel for the respondent submits that he has no objection if the impugned orders are set aside. However, it is prayed that a specific time frame be fixed for the petitioner to file the written statement before the learned Trial Court. 5. Per contra, learned counsel for the petitioner submits that the petitioner could not file the written statement and was proceeded against ex-parte on account of her incarceration in jail and her counsel has also not communicated to her about the proceedings of the suit. 6. Keeping in view the fact that the lear