IN THE COURT OF DISTRICT MAGISTRATE KAPASHERA
(DISTRICT: SOUTH – WEST)
OLD TERMINAL TAX BUILDING
KAPASHERA NEW DELHI -110037
APPEAL NO_________/2020
IN THE MATTER OF:
GAON SABHA CHHAWLA
THROUGH BLOCK DEVELOPMENT
OFFICER,SOUTH WEST NEW DELHI ....... APPELLANT
VERSUS
ROHIT KUMAR & ORS. ..... RESPONDENTS
APPLICATION UNDER ORDER IX RULE 13 READ WITH
SECTION 151 OF THE CIVIL PROCEDURE CODE FOR
SETTING ASIDE THE EX-PARTE ORDER DATED
23.09.2020.
MOST RESPECTFULLY SHOWETH:-
1. That the aforesaid case is pending for adjudication before
this Hon’ble court.
2. That the applicant/respondents was proceeded ex-parte
vide order dated 23.09.2020 passes by this Hon’ble
Court.
3. That the aforesaid case was listed in this court on 8 th
September 2020 after the month of March 2020 due to
the Covid-19 pandemic situation.
4. That the case of the respondent was item no.8 in the
cause list of date 08.09.2020. Thus, on 08.09.2020, the
counsel of the Respondent attended the court proceeding
through video conferencing and was present till the end
of the court proceedings on 08.09.2020.
5. That when the matter of the respondent came, the
counsel of the respondent appeared in the above said
case, however, at that very time the Ld. Deputy
Commissioner left the court and did not hear the counsel
of the Respondent. When the counsel of the Respondent
asked the reason of the same from the reader of this
Hon’ble court then he said that DC sir has gone for an
urgent meeting and your case will be adjourned on some
other day, and he will provide the next date of hearing.
However, neither the Reader nor any other staff of this
Hon’ble Court provided the next date of hearing of the
above mentioned case. The presence of the counsel of
respondent in the court proceedings on 08.09.2020 can
be verified from the Reader, Counsel of the Gaon Sabha
and from the Cisco Webex Application.
6. That till 15.09.2020 evening, neither the Reader nor any
other staff of this Hon’ble court had provided any
information about the next date of hearing of the said
case to the respondent or his counsel. However, the case
was listed on 16.09.2020, neither the respondents nor
their counsel was aware of the fact that their matter was
listed on 16.09.2020 and thus could not appear before
this Hon’ble court on 16.09.2020.
7. That the above said case was then listed for 23.09.2020
as this fact was conveyed to the Counsel of the
Respondent via Whatsapp group (DC Court South-West
Dist). However, on 23.09.2020 the counsel of the
respondent could not attend the court proceeding as he
was suffering from fever since previous night and the
doctors had advised him to get a Corona Test. The
Counsel of the Respondent left a message on the same
Whatsapp group that “suffering from fever since last
night, consulted with a doctor who has suggested to get
a Corona Test, thus not able to attend the court
proceedings and requested for an adjournment” in the
above mentioned case. However on the same day this
Hon’ble court was pleased to pass an Ex-parte order
dated 23.09.2020 against the applicant/respondents.
The copy of the said Whatsapp chat is annexed herewith
as Annexure A.
8. That as per the advisory issued by the Hon’ble High
Court of Delhi during current pandemic, “no adverse
order be passed in non-urgent / routine matters where
the concerned advocate/litigant is unable to join the
proceedings though video conferencing, till the time the
normal functioning of the courts is resumed”. The copy of
the said order is annexed herewith as Annexure B.
9. That irreparable loss would be caused to the
applicant/respondents if the present application is not
accepted and the Ex-Parte order dated 23.09.2020 is not
set aside.
PRAYER:
It is, therefore respectfully prayed that keeping in view the
above mentioned circumstances, in order to enable the
respondent to contest the case and present his defense,
present application may kindly be accepted and the ex-
parte order dated 23.09.2020 may please be set aside in the
interest of justice.
Place Filed by:
Date :
(Counsel for the Respondent in person)
IN THE COURT OF DISTRICT MAGISTRATE KAPASHERA
(DISTRICT: SOUTH – WEST),
OLD TERMINAL TAX BUILDING
KAPASHERA NEW DELHI -110037
APPEAL NO_________/2020
IN THE MATTER OF:
GAON SABHA CHHAWLA
THROUGH BLOCK DEVELOPMENT
OFFICER,SOUTH WEST NEW DELHI ....... APPELLANT
VERSUS
ROHIT KUMAR & ORS. ..... RESPONDENTS
AFFIDAVIT ON BEHALF OF THE COUNSEL OF
RESPONDENT.
I, Ankit Kumar, S/o. Sh. Brajpal Singh, R/o H. No. 78,
Ambedkar Vihar, Sector-37, Aged 27 years, do hereby
Solemnly affirms as under:-
1. That deponent is the counsel of the respondent in the
accompanying application and is well conversant with
facts and circumstances of the case and thus, competent
to swear this affidavit before this Hon’ble court.
2. That accompanying application has been drafted by me
and is being filed by the deponent himself. That the
contents of the same have been explained to the
Respondent which have been understood by him and the
same are true and correct being not repeated herein for
the sake of brevity. The same may kindly be read as part
and parcel of the this affidavit.
DEPONENT
VERIFICATION:
Verified at Delhi on this _____ day of ___________, 2020 that
contents of the above affidavit are true and correct on the
basis of official records. No part of it is false and nothing
material has been concealed therefrom.
DEPONENT
