Narinder Kumar Jain (Deceased) vs Simmi Jain & Ors.
2022 Latest Caselaw 3169 Del

                                                Neutral Citation 2022/DHC/005259



                          $~18
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                 Judgment delivered on: 29.11.2022

                          +        CM(M) 1218/2022 & CM APPL. 48820/2022
                                   NARINDER KUMAR JAIN (DECEASED) ..... Petitioner
                                                       versus
                                   SIMMI JAIN & ORS.                             ..... Respondents

                          Advocates who appeared in this case:
                          For the Petitioner       :   Mr. Rishabh Gupta, Advocate.
                          For the Respondents :        Mr. Counsel (Appearance not given)


                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

                                                       JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

1. Petitioner challenges the order dated 20.09.2022, whereby the learned Trial Court has closed the right of filing the written statement, for the reasons contained in the said impugned order.

2. With the consent of parties, the present petition is taken up for final disposal.

3. This Court is of the considered opinion that one last and final opportunity can be granted to the petitioner to file the written statement since in the interregnum, it has been submitted that the petitioner had unfortunately died after some period of illness and is survived by his wife,

Signature Not Verified Digitally Signed By:VINOD KUMAR

15:55:31 Neutral Citation 2022/DHC/005259

two daughters and a son.

4. Keeping in view the above condition, it is deemed fit and in the interest of justice that the respondents are compensated in terms of money in lieu of filing of the written statement. Consequently, the defendant through his LRs is permitted to file the written statement within two weeks from today, subject to cost of Rs. 10,000/- to be paid to the respondents/ plaintiff within one week from today against the proper receipt.

5. It is submitted by learned counsel for the petitioner that the suit is listed for plaintiff evidence on 03.12.2022 and submits that the said cost would be tendered to the plaintiff on 03.12.2022, whereafter, the timeline, as prescribed by this order would be adhered to by filing the written statement.

6. It is submitted by learned counsel for the respondents that the written statement filed originally on behalf of the original defendant, is stated to be on record of the learned Trial Court. Therefore, the learned Trial Court is directed to take the said written statement on record and treat the same as written statement on behalf of LRs too.

7. In view of the above, there would be no requirement for the LRs of the deceased defendant to file fresh written statement.

8. Learned Trial Court is requested to proceed with the suit after taking the written statement on record in accordance with the procedure as prescribed under law.

9. The petition is disposed of in the above terms. The pending

Signature Not Verified Digitally Signed By:VINOD KUMAR

15:55:31 Neutral Citation 2022/DHC/005259

application is also disposed of.

TUSHAR RAO GEDELA, J

NOVEMBER 29, 2022/nd

Signature Not Verified Digitally Signed By:VINOD KUMAR

15:55:31