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Delhi High Court - Orders

Prem Nath vs Veena on 20 February, 2019

Author: Yogesh Khanna

Bench: Yogesh Khanna

$~12
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    RC.REV. 404/2017 & CM APPL No.31496/2017
     PREM NATH                                          ..... Petitioner
                       Through : Mr.Vaseem Khan, Advocate.
                       versus
     VEENA
                                                         ..... Respondent
                       Through : Mr.Arun Sharma and Mr.Kanwal Jeet
                                    Singh, Advocates with respondent in
                                    person.
     CORAM:
     HON'BLE MR. JUSTICE YOGESH KHANNA
                       ORDER

% 20.02.2019 Petitioner assails the impugned order dated 10.07.2017 passed by the learned Trial Court whereby the leave to defend application of the petitioner was not considered being delayed by ten days and consequently an eviction order was passed in favour of the respondent.

The learned counsel for the respondent says the learned Trial Court has no power to condone the delay and has relied upon Shyamal Prasad Das vs Anita Verma 208 (2014) DLT 781 and Prabhudayal Batra vs Shreyans Buildwell Pvt Limited 219(2015) DLT 186.

At this stage, the learned counsel for the petitioner says parties intend to settle the matter amicably.

At request, list again on 22.04.2019.

YOGESH KHANNA, J.

FEBRUARY 20, 2019 M