IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. _______ OF 2024.

IN

C.S. (OS) NO. -___ OF 2023.

IN THE MATTER OF:-

XXXX XXXXXX& ORS.                                    : PLAINTIFFS

VERSUS

XXXXX XXXXXX& ORS.                               : DEFENDANTS 

N.D.O.H.: 09.12.2024

APPLICATION UNDER SECTION 151 OF C.P.C. ON BEHALF OF THE APPLICANT FOR CONDONATION OF DELAY IN REFILLING THE APPLICATION UNDER SECTION 151 OF CPC FILED ON BEHALF OF THE DEFENDANT NO.4.

MOST RESPECTFULLY SHOWETH :-

1.                  That the plaintiffs have filed the accompanying suit against the defendants and same is pending for completion of pleadings on 09.12.2024.

2.       That the applicant / counsel for the defendant no.4 filed application under Section 151 of CPC for allowing the letter of authorization on behalf of defendant no.4 and first objection was marked on 30.09.2024 by registry, however, due to objections raised by Registry, paper book was received back by the Applicant, although applicant has refilled the same on 03.10.2024 after the removing all the objections, however same was not cleared by the registry and same was received back and refilled on 07.10.2024 and again objection raised by the registry and applicant refilled on 09.10.2024 and again objection raised by the registry and applicant refilled on 18.10.2024 and the same was received back and again refilled on 24.10.2024 the registry again raised objections that application for delay in refiling, that delay has been caused due to the fact that the file of present case misplaced as the renovation work were going in the office of the counsel for the defendant no.4, during the period on 25.10.2024 to 18.11.2024, due to said reason applicant could not refile the present application under Section 151 of CPC of the Defendant no.4 after removing the objections.

3.       That the delay has been caused due to the fact that the original file of the present case was misplaced, due to said reason applicant could not re-file the present petition.

4.       That the delay in re-filing the present application was neither intentional nor deliberate but was only due to the reasons as stated above.

5.       That due to above said reason the application has not been filed by the Applicant in time and delay has been caused and now the Applicant is seeking permission to re-file the application under Section 151 of CPC on behalf of the defendant no.4 and this Hon'ble Court may please condone the delay 24 days in re-filing the said application.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to condone the delay of 24 days in re-filing the captioned application under Section 151 of CPC of the Defendant no.4, in the interest of justice.

Pass any other order and/or further orders in favour of the defendant no.4 which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

DELHI                                                                APPLICANT

THROUGH

DATED              

XXXXX & ASSOCIATES

Counsels For The Defendant No.4

Office at :________________ ,

New Delhi-1100__.

Mob. No.+91-___________

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. NO. _______ OF 2024.

IN

C.S. (OS) NO. XXX OF 20__.

IN THE MATTER OF:-

XXXXXXXXXXX& ORS.                                  : PLAINTIFFS

VERSUS

XXXXXXXXX& ORS.                                      : DEFENDANTS 

AFFIDAVIT

Affidavit of Sh.__________, Advocate for the defendant no.4 aged about ___ years, Office at_________________, New Delhi-110015, do hereby solemnly affirm and declare as under:-

1.       That I am the Counsel of the Defendant no.4 and as such in that capacity am well conversant with the facts and circumstances of the case and competent to depose hereunder.

2.       That the contents of the accompanying application under Section 151 of C.P.C. have been read over and drafted by me and having understood the same I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of November, 2024. That the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT