2025 (1) TMI 1793

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.... the respondent and is defendant in the Suit for Permanent & Mandatory Injunction and Recovery of Damages filed by the respondent against him. 3. Summons for Settlement of Issues were sent to the petitioner on 04.12.2019, returnable for 29.01.2020. 4. As per list of dates furnished by the petitioner, summons were received on 14.12.2019. Petitioner appeared before the court on 29.01.2019 and sought time to file written statement. 5. Written Statement along with an application for condonation of delay was filed before the court digitally on 22.09.2020. In November 2021, he filed amended written statement. 6. Vide order dated 21.07.2022, trial court dismissed the application for condonation of delay. 7. Respondent filed an appli....

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.... counsel for the respondent submitting that respondent is a senior citizen and aged about 87 years and suffering from number of ailments. Despite this, petitioner caused delay in filing the written statement, and therefore, the trial court has rightly discarded the written statement filed by him and struck of his defence. 11. The impugned order dated 21.07.2022, which is under challenge, is reproduced below:- "21.07.2022 Present:- Sh. DD Sharma, Ld. counsel for plaintiff; Sh. Deepak Chand Pttndey, Ld. counsel for defendant. Reply has been filed by the defendant to the application of the plaintiff for striking off the defence. Also defendant has filed amended written statement alongwith condona....

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....anation from Sh. Deepak Chand Pandey, Ld. counsel for defendant, who is present before the Court that what is the ground for him to seek adjournment and not argue the matter when he is also one of the main counsels for the defendant. It is submitted by Ld. counsel for defendant that he has not been instructed by the other counsel of the defendant to argue on the pending application. Court does not approve of this reason given by Ld. counsel for defendant as plaintiff is a senior citizen and this matter is at the stage of arguments on the pending application since 09.02.2021 and the reason that only the senior counsel can argue is not appreciated by the Court. Arguments heard on the application for condonation of delay. Thi....