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DEEPAK GUPTA, J. (ORAL) –

1. Petitioner is defendant No.1 before the trial court of learned Civil Judge (Senior Division) in civil suit bearing No.CS-6694-2022 titled “Balraj Sharma v. Mrs. Nandita and Others”. Her defence has been struck off by way of impugned order dated 20.03.2023 (Annexure P-1), which has been assailed before this Court.

2. The perusal of the impugned order and the various zimni orders would indicate that petitioner had put in appearance before the trial Court for the first time on 12.09.2022 and matter was adjourned for filing written statement on several dates. She failed to file written statement even on 20.03.2023 and ultimately her defence was struck off.

3. Learned counsel contends that petitioner is single mother, who was unable to engage the counsel, due to which she could not file the written statement. Learned counsel prays for only one opportunity to file the written statement.

4. Without issuing any notice of the petition to the other party, lest it may delay the proceedings, the present petition is hereby accepted with the direction to the trial Court concerned to provide only one opportunity to the petitioner to file the written statement. However, it is subject to cost of Rs.10,000/- payable by the petitioner- defendant to the respondents- plaintiffs by way of a Demand Draft. The trial Court shall fixe a date for filing the written statement and shall ensure that cost of Rs.10,000/- by way of Demand Draft Is paid on or before filing of the written statement.

5. Disposed of accordingly.

6. Since this order has been passed without issuing any notice to the respondents, they will be at liberty to approach this Court, in case they feel aggrieved.

Order accordingly.

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