Legal Question in Real Estate Law in India

Hello,
I currently have a partition case relating to a property case going through Delhi High Court.
The Defendants on every hearing keep asking for postponement and registrar is granting it, despite oppositions from the plaintiff.
The plaintiff now wants to submit a statement via his solicitor to be field with the registrar (with copy given to defendant�s solicitor). The statement will state:
1. The case has been going on many years and defendant despite being aware of advance hearing dates, they keep postponing the evidence hearing.
2. Future postponements should not go without consequences.
Is there a rule which allows this statement to be submitted, if so which rule ? Or does it have to be submitted under a new application, if so which one.
Look forward to your advice

Asked on 7/28/12, 9:06 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

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For each part of the procedure, there are seperate rules. If the defendant has still not filed written statement to your partition suit within 30 days of receipt of the plaint, then your right is under Order VIII Rule 1 read with Rule 10 to move an application for striking off their defence.

Answered on 7/28/12, 10:30 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you can surely move an application u/s 151 for expeditious trial but you cannot invoke order VIII Rule 1 as the court itself is allowing the adjournments and the Defendants are not refusing to tender their defense. their defence cannot be strike off because of postponement but it can be struck off only when they do not file they reply or refuse to lead defence evidence.

Answered on 7/29/12, 2:53 am

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