AI Structured Summary
Not yet generated for this judgment
Judgment
Rajneesh Kumar Gupta, J
This hearing has been conducted through hybrid mode.
The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 09th April, 2024 passed by the learned Trial Court in CS DJ No. 1047/2022, whereby the document, i.e., the Sale Deed dated 14th November, 2005, has been directed to be deemed admitted in terms of the provisions of the Civil Procedure Code, 1908 (‘CPC’) on account of the petitioner/plaintiff having refused to admit or deny the said document.
I have heard the learned counsel for the parties and perused the record. 4. Learned counsel for the petitioner/plaintiff submits that the petitioner has not been afforded sufficient opportunity to admit or deny the document, i.e., the Sale Deed. He further submits that if an opportunity is granted, the petitioner shall file the affidavit of admission/denial with respect to the said document within a period of one (01) week from today.
Learned counsel for the respondent/defendant submits that he has no objection if an opportunity to file the affidavit of admission/denial is granted to the petitioner.
Keeping in view the submissions made by the parties, the petitioner is directed to file the affidavit of admission/denial with respect to the said Sale Deed dated 14th November, 2005 before the learned Trial Court within a period of one (01) week from today. Accordingly, the present petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.