Col. Ajeet Pal Singh (Retd.) vs A.K. Vashishtha
2023 Latest Caselaw 672 Del

                                         Neutral Citation Number 2023/DHC/001531



                          $~43
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                    Judgment delivered on: 24.02.2023
                          +       CM(M) 341/2022
                                  COL. AJEET PAL SINGH (RETD)                        ..... Petitioner
                                                     versus
                                  A.K. VASHISHTHA                                    ..... Respondent
                          Advocates who appeared in this case:
                          For the Petitioner         :         Mr. Deepak Parashar and Mr. Prakhar
                                                               Singh, Advocates

                          For the Respondent        :          None
                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                     JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL) [ The proceeding has been conducted through Hybrid mode ] CM APP No. 9130/2023

1. This is an application under Section 151 of CPC, 1908 filed on behalf of the respondent requesting that in view of the judgment of the Hon'ble Supreme Court passed in 'Desh Raj vs. Balkishan (D) through Proposed LRs', reported as AIR 2020 SC 621, whereby the Apex Court had allowed taking written statement on record subject to the compensatory costs of Rs.25,000/-, the present petition be allowed and the written statement be directed to be taken on record.

2. In the view of the aforesaid, the application is allowed and the petition is taken up for disposal.

3. The application stands disposed of.

Signature Not Verified Digitally Signed

Signing Date:02.03.2023 15:42:17 Neutral Citation Number 2023/DHC/001531

CM(M) 341/2022

4. Mr. Deepak Parashar, learned counsel appears for the petitioner and submits that apart from the aforesaid judgment, the fact of the matter is that on 09.10.2019, the summons of the suit were served upon the defendant and the written statement was filed on 21.01.2020, i.e. within the period of 120 days as stipulated under Order VIII Rule 1 of CPC.

5. Learned counsel further submits that this is an ordinary suit and apart from the aforesaid judgment, the judgments of the Hon'ble Supreme Court in 'Kailash vs. Nankhu' reported as (2005) 4 SCC 480 and 'Bharat Kalra vs. Raj Kishan Chabra' reported as 2022 SCC OnLine SC 613 would also be applicable.

6. Learned counsel submits that in view of the application filed by the respondent himself, the present petition may be allowed.

7. In view of the statement contained in the application supported by duly executed affidavit of respondent/plaintiff as also on the basis of the judgment of the Hon'ble Supreme Court referred to in the said application and the other judgments mentioned above, this Court allows the present petition.

8. Learned Trial Court is directed to take the written statement on record and proceed in accordance with law.

9. The petition is disposed of in the aforesaid terms.

10. Date already fixed, i.e. 03.08.2023 stands cancelled.

TUSHAR RAO GEDELA, J FEBRUARY 24, 2023 Aj

Signature Not Verified Digitally Signed

Signing Date:02.03.2023 15:42:17