SH. NATHOO RAM JOLLY & ANR. vs RAKHEE MARWAH

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12th May, 2026 Date of Decision: 18th May, 2026 + CM(M) 2010/2024, CM APPL. 12972/2024, CM APPL. 12133/2025 & CM APPL. 12134/2025 SH. NATHOO RAM JOLLY & ANR. .....Petitioners Through: Mr. G.S. Narula, Advocate. versus RAKHEE MARWAH .....Respondent Through: Mr. Mayur Singhal, Advocate along with respondent in person. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioners/plaintiff under Article 227 of the Constitution of India, assailing the order dated 21st November, 2023 passed by the learned Trial Court in CS No. 327/2022, whereby the application filed by the respondent/defendant under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (‘CPC’) seeking condonation of delay in filing the written statement has been allowed. 3. I have heard the learned counsel for the parties and perused the record. 4. Learned counsel for the petitioners has argued that the learned Trial Court has passed the impugned order on the basis of surmises and conjectures, which is against the facts and law. The application under Order Signature Not Verified Signed By:MANISHA CM(M) 2010/2024 Page 1 of 5 RAJPUT Signing Date:18.05.2026 17:00:41 VIII Rule 1 CPC has been moved on behalf of the respondent with a mala fide intention to delay the proceedings of the case. The respondent has filed the written statement after 229 days without any plausible explanation for the inordinate delay. The reasons mentioned in the application seeking condonation of delay are frivolous and baseless. The documents on the basis of which condonation of delay in filing the written statement was sought were already in possession of the respondent eve