IN THE COURT OF SH. XXXX, LD. ADJ, SOUTH DIST., SAKET COURTS, NEW DELHI.

CS DJ NO. xxxx.

IN THE MATTER OF:

XXXX                                       ...PLAINTIFF

VERSUS

XXXX                                       …DEFENDANT

N.D.O.H.: ….xxxx

APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE APPLICANT / PLAINTIFF FOR THE PREPONEMENT / EARLY HEARING OF THE MATTER AND EXPEDITE THE PROCEEDING OF THE PRESENT CASE.

MOST RESPECTFULLY SHOWETH: -

1.           That the present suit for permanent and mandatory injunction filed by the applicant / plaintiff against the defendant before this Hon’ble Court and the same is listed dated …08.2022 for arguments on the applications and orders.

2.           That the present suit filed by the plaintiff before this Hon’ble Court on 06.10.2020 and notice has been issued to the defendant. The defendant was finally appeared on 21.10.2020 before this Hon’ble Court despite the direction to file written statement and reply and arguments on application under Order 39 Rule 1 & 2 of CPC, but the defendant failed to comply the same take the adjourned and seek time to engage the counsel. Hence, the matter was adjourned for 26.10.2020 for comply the same on the next date of hearing.

3.           On 26.10.2020 matter was listed and this time again defendant didn’t comply the previous order for filing the reply / WS and seeking adjournment to file the same as her counsel is not available today. Plaintiff submits before this Hon’ble Court that plaintiff is a husband of the defendant and he has filed the present suit for defamation and multiple litigation has been pending before the plaintiff and defendant, hence the matter was adjourned for 01.12.2020 order was passed and restrained the defendant from sending defamatory messages to the employers of the plaintiff and matter was listed for filing WS and reply and arguments on application Order 39 Rule 1 & 2 of CPC.

4.           That the matter was listed on 01.12.2020 and shockingly the defendant was not appeared and sent a message that her son met with an accident and she will not be able to appear in the matter today. Hence the matter was again adjourned for arguments on the application under Order 39 Rules 1 & 2 of CPC for 09.12.2020. On 09.12.2020 defendant again not appeared and taking the adjournment on the same ground, the plaintiff opposed the same as the defendant has not appearing deliberately and intentionally. Hence, matter was adjourned by this Hon’ble Court and granting last and final opportunity to the defendant for filing written statement / reply and arguments on application for 19.12.2020.

5.           That the defendant instead of filing a reply, the defendant in order to delay the proceedings further, maliciously sent an email dated 10.12.2020, to the plaintiff and his counsel to send her a physical copy of the suit, ignoring the fact that during the Covid-19 situations, sending of physical copies have been dissuaded by this Hon’ble Court. IT is submitted that the defendant has demanded a hard copy from the plaintiff after 2 months of being served. The having being left with no other option, the plaintiff was constrained to send the physical copy of the suit to the defendant which was duly received by the defendant on 16.12.2020.

6.           On the date of hearing 19.12.2020 defendant again not comply the previous order despite repeated direction resulting thereof this Hon’ble Court closed the right of the defendant to file written statement and the matter was fixed for 08.01.2021 for order on application Order 39 Rule 1 & 2 of C.P.C. Again conduct of the defendant was same and she was again not appeared before this Hon’ble Court the date of hearing 08.01.2021. Hence, the matter adjourned for 18.01.2021 for clarifications.

7.           On 18.01.2021 surprisingly defendant was appeared with her counsel, despite several opportunity was granted to the defendant but didn’t comply the order, resulting which her right was closed, for which the defendant was moved an application for setting aside the order dated 19.12.2020, arguments was also heard on the said application and the matter was put up for order on the application for 25.01.2021. Matter was adjourned for 09.02.2021 for order as the Ld. P.O. was on leave on 25.01.2021. On 09.02.2021 defendant was not appeared before this Hon’ble Court and application of the defendant for setting aside of the order was allowed with the direction to file the written statement within 15 days from today and this Hon’ble adjourned the matter for filing the WS/ reply and arguments on the application Order 39 Rule 1 & 2 of CPC on 04.03.2021.

8.           That on 04.03.2021 defendant comply the order and this Hon’ble was adjourned the matter for arguments on application 39 Rule 1 & 2 of CPC on 16.03.2021. Shockingly, defendant again deliberately was not appeared and this Hon’ble was adjourned the matter for 23.04.2021 and last opportunity granted to the defendant to address the arguments on the application on the next date of hearing.

9.           That since then due to suspension of functioning of work due to Covid-19 the matter was adjourned en-bloc from 23.04.2021 to 19.07.2021, after pandemic this Hon’ble Court was listed the matter first time on 11.11.2021 through VC and adjourned for 20.01.2022 for arguments on the applications. On 20.01.2022 again defendant taking the adjourned on the ground that main counsel is not available today and this Hon’ble Court granted last opportunity to the defendant for arguments on the applications and fixed the matter for 26.02.2022 for the same. Matter was again adjourned for 07.04.2022. Finally arguments on the applications heard on 07.04.2022 and this Hon’ble Court was adjourned the matter for orders.

10.       Surprisingly, this Hon’ble Court was again adjourned the matter for long on ….08.2022 for order the applications. It is submitted that the defendant again and again taking unnecessary adjournments deliberately since the beginning for matter was listed and delaying the proceedings only to harass the plaintiff which is evident from the ordersheets of this Hon’ble Court that clearly shows the conduct of the defendant by appearing and not comply the order. Despite the served on 08.10.2020 /11.10.2020 the defendant has adopted delay dallying tactics and is deliberately delaying the proper adjudication of the suit.

11.       That the defendant had despite service, deliberately chosen not to appear before this Hon’ble Court on several times of hearing which reflects from the above as well ordersheets of this Hon’ble Court

12.       It is a settled law under Rule 3 A Order 39 which states that a court to dispose of application for injunction within thirty days- Where an injunction has been granted without giving a notice to the opposite party, the court shall make an endevour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable to do, it shall record its reasons for such inability.

13.       That the applicant / plaintiff suffered irreparable loss and injury due to the delay caused in the matter due to the conduct of the defendant. Therefore, for the disposal of the same, the adjudication of the present matter should be done expeditiously. Therefore, the applicant prays to prepone the next date of hearing of the present matter as soon as possible to the convenience of the Hon’ble Court.

14.       That the applicant has been forced to file the present application only due to the conduct of the defendant and facing hardship which has been caused directly or indirectly to the applicant / plaintiff, if the proceeding of the present case is not expedite then the applicant suffers undue hardship which cannot be compensated in terms of money or otherwise.

15.       Since, non-functioning of this Hon’ble Court on account of Covid-19 Pandemic had delayed the outcome of the present case thereby effecting the applicant / plaintiff. In order to avoid further loss applicant respectfully prays before this Hon’ble Court to kindly prepone the hearing of the captioned matter and expedite the proceeding of the present case.

16.       That the early hearing application is being filed without any prejudice to the defendant and the same may be granted by the Hon’ble court in the interest of justice.

PRAYER:-

        It is therefore respectfully prayed that this Hon’ble Court may kindly allow the present application and prepone the next date of hearing and expedite the proceeding of the present case, in the interest of justice.

It is prayed accordingly.

DELHI                                     APPLICANT / PLAINTIFF

THROUGH

DATED:                       

                                         Xxx

IN THE COURT OF SH. XXXX, LD. ADJ, SOUTH DIST., SAKET COURTS, NEW DELHI.

CS DJ NO. xxxx.

IN THE MATTER OF:

XXXX                                       ...PLAINTIFF

VERSUS

XXXX                                       …DEFENDANT

AFFIDAVIT

Affidavit of Sh. Xxxx, aged x years, S/o Sh. Xxxx R/o xxxx, do hereby solemnly affirm and declare as under:-

1.           That the deponent is the plaintiff in the abovementioned case, filing the present application and well conversant with the facts and circumstances of the present case hence, competent to sign this affidavit.

2.     That the content of the accompanying application is drafted by my counsel and all the averments are true and correct to my belief which is based on advice rendered and believed to be correct.

3.     That I have gone through and understood the contents of the same, I say that the facts stated therein are true and correct to my knowledge.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this __ day of May, 2022 that the content of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed there from.

DEPONENT