IN THE COURT OF SH AKASH MOHAN SINGH, Ld.
CIVIL
JUDGE
SHAHDARA DISTRICT, KARKARDOOM COURTS
NEW DELHI
Civil Suit NO. 1185 of 2021
In the matter of:
Amit Jain …Plaintiff
Vs.
Vineet Sachdeva & Ors. …
Defendant
INDEX
S. No. Particulars Page No.
1. APPLICATION UNDER SECTION 151
OF CPC, 1908 SEEKING
CONDONATION OF DELAY IN FILING
THE WRITTEN STATEMENT ON
BEHALF OF DEFENDANT NO.4
ALONGWITH AFFIDAVIT
New Delhi
Dated: 10.09.2024
Prateek & Luv
Manan
Counsels for Defendant No.
4
CH. No. 242-243 Patiala House Courts,
Email: prateeklegal7@gmail.com
Tel. No. 9871680565; 9910070888
IN THE COURT OF SH AKASH MOHAN SINGH, Ld. CIVIL
JUDGE
SHAHDARA DISTRICT, KARKARDOOM COURTS
NEW DELHI
Civil Suit NO. 1185 of 2021
In the matter of:
Amit Jain …Plaintiff
Vs.
Vineet Sachdeva & Ors. …
Defendant
APPLICATION UNDER SECTION 151 OF CPC, 1908 SEEKING
CONDONATION OF DELAY IN FILING THE WRITTEN
STATEMENT ON BEHALF OF DEFENDANT NO.4 ALONGWITH
AFFIDAVIT
Most Respectfully Showeth:
1. That the matter mentioned above is pending before this
Hon’ble Court and is to be listed on 10.09.2024.
2. In the above matter, the Hon’ble Court vide order dated
16.07.2024 had directed Defendant no. 4 to file an appropriate
application seeking condonation of delay in filing the Written
Statement.
3. In the present suit, Plaintiff has deliberately and intentionally
not made Defendant No. 4 the necessary party only to mislead
the Hon’ble Court. It is an undisputed fact that Defendant No. 4
is the rightful and lawful owner of the suit property. Despite
being completely aware of the fact, the Plaintiff hides true and
correct facts from this Hon’ble Court.
4. That only upon application under Order 1 Rule 10, CPC, 1908
Defendant no. 4 was impleaded as the necessary party. It is
pertinent to mention that after filing of the said application
Defendant No. 4 had changed its counsel from the undersigned
and appointed a new counsel.
5. Pertinently, it is evident from the record, that from 21.10.2023
onwards new counsel was representing Defendant No. 4, and
despite acknowledging the said fact that a Written Statement
to the suit has to be filed, the erstwhile counsel had failed to
comply with the same and had not filed the Written Statement
on behalf of Defendant no.4.
6. Being aggrieved by the same, Defendant No. 4 again engaged
its undersigned counsel in the present case. On 13.02.2024 the
undersigned counsel appeared on behalf of Defendant No. 4
and the very same day copy of the Petition was provided. The
Hon’ble Court due to the delay in filing the Written Statement
had imposed cost upon Defendant No. 4 which was duly paid.
7. That on 18.04.2024 written Statement on behalf of Defendant
no. 4 was filed and the same was duly taken on record. It is
pertinent to mention that due to the change of counsel, the
Written Statement on behalf of Defendant No. 4 could not be
filed within the statutory period, and a delay of almost 60 days
occurred in filing the same.
8. That the Delay of 60 days was neither intentional nor
deliberate, but due to the reasons mentioned above. The
present application may be accepted and the delay may be
condoned considering the reasons mentioned above in the
interest of justice.
PRAYER
Given the above submissions, it is most humbly prayed before
this Hon’ble Court to: -
a. kindly allow the present application and condone the delay
of 60 days in filing the Written Statement on behalf of
Defendant No. 4.
b. Pass any other order as this Hon’ble Court may deem fit and
proper in the interest of justice in favor of Defendant No. 4.
Defendant No.4
New Delhi
Dated: 10.09.2024
Prateek & Luv
Manan
Counsels for Defendant No.
4
CH. No. 242-243 Patiala House Courts,
Email: prateeklegal7@gmail.com
Tel. No. 9871680565; 9910070888
IN THE COURT OF SH AKASH MOHAN SINGH, Ld. CIVIL
JUDGE
SHAHDARA DISTRICT, KARKARDOOM COURTS
NEW DELHI
Civil Suit NO. 1185 of 2021
In the matter of:
Amit Jain …Plaintiff
Vs.
Vineet Sachdeva & Ors. …
Defendant
AFFIDAVIT
Affidavit of Smt. Renu Jain, W/o Late Sh. Pankaj Jain, aged
about 53 years, R/o 52 A Opposite State Bank of India,
Dilshad Garden, Delhi-110095.
I the above-named deponent do hereby solemnly affirm and
state as under:-
1. That I am Defendant No.4 in the above-mentioned suit
and I am fully aware of the facts of the case and thus
competent to swear this affidavit, and hence depose the
same.
2. That I have read the contents of the accompanying
Application which has been drafted by my Counsel under
my instructions. The statement of facts contained therein
are true and correct to the best of my knowledge derived
from the records. The contents of the same have been
explained to me in vernacular language and I understood
the same. The submissions made therein are correct on
basis of information received and believed to be true.
DEPONENT
VERIFICATION:
Verified that the contents of paras 1 and 2 above are correct to
my knowledge and nothing material has been concealed there
from.
Verified at New Delhi on this ___th day of _______ 2024
DEPONENT
