Delhi High Court - Orders
Dsgmc vs Jagmohan Singh & Ors on 14 January, 2021
Author: Navin Chawla
Bench: Navin Chawla
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 601/2020 & CM Nos.30425-26/2020
DSGMC ..... Petitioner
Through Mr.Jasmeet Singh, Mr.S.S Ahluwalia
and Mr.Mohit Bangwal, Advs.
versus
JAGMOHAN SINGH & ORS. ..... Respondents
Through Mr.Sujeet Mishra, Adv. for R-1.
Mr.Sumit Jidani, Adv. for R-3.
Mr.Dhanesh Relan, SC for R-4/
SDMC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 14.01.2021
1. This hearing has been held by video conferencing.
2. Issue notice.
3. Notice is accepted by the respective counsels mentioned hereinabove.
4. The respondents may file their counter affidavit within a period of two weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
5. It is the case of the petitioner that on the death of the respondent no.2, the respondent no.1 filed an application only under Order XXII Rule 4 of the Code of Civil Procedure, 1908, without seeking condonation of delay in filing the same. The application was treated as one filed under Order XXII Rule 9 of the Code of Civil Procedure, 1908 and various presumption of facts were drawn in favour of the respondent no.1 in the Impugned Order.
5. In view of the above, there shall be a stay on the further proceedings before the learned Trial Court, till the next date of hearing.
6. List on 18th February, 2021.
7. Copy of this order be supplied to the learned counsels for the parties on the email address provided.
NAVIN CHAWLA, J JANUARY 14, 2021/Arya