Defense stuck off

Querist : Anonymous (Querist) 01 October 2011 This query is : Resolved
Dear Sir,

A suit for cancellation of sale deed, suit for possession and suit for mandatory injunction has been filed by the plaintiff suit bearing No. 619/2011 and another suit for mandatory injunction 9/2011 is filed in the same court by the plaintiff. Now the statutory period to filed the WS i.e., 90 has been expired and therefore the Defence got struck off in both the suits. Defendant moved an application for recalling the above noted order on the same day ( but only single copy). the application tagged with the suit No. 9/2011 instead of 619/11. The Civil judge put up the another suit i.e., 619/2011 for PE. The above noted application is pending in the Civil Court and put up for argument. Now what to do? please suggest me with the appropriate citations.

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ajay sethi (Expert) 01 October 2011
when the case appears on board for arguments point out that application for condonation of dely has been amde in only suit no 619/11.
since no application has been made in suit 9/2011 delay cannot be condoned .

the court generally condon delay on payment of costs .

defendant will have to move another application in suit 9/2011

prabhakar singh (Expert) 01 October 2011
Mr. Sethi is right,no other alternative left.

Guest (Expert) 01 October 2011
agree with Mr. Sethi

Raj Kumar Makkad (Expert) 01 October 2011
I do agree with Sethi.

Guest (Expert) 02 October 2011
just things as above said.

Chanchal Nag Chowdhury (Expert) 02 October 2011
The period of 90 days is not the end of the matter.
Get the WS ready, file it with a petition showing sufficient cause for the delay. If there is no WS, where is the defence? How does the question of striking out of the Defence arise?

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