Mrs. Sunita Agarwal, J. - (1.) Heard Shri. Murli Dhar Mishra, learned counsel for the petitioners and Ms. Rama Goel Bansal, learned counsel for the respondents.
(2.) This petition under Article 227 of the Constitution of India is with the prayer to set aside the judgment and orders dated 17.11.2015 and 20.1.2016 passed by the court below in rejecting application 99-C filed by the defendants-petitioners. It appears that the suit for eviction on the ground of default in payment of rent was filed by the plaintiff-respondents against Smt. Malti Agarwal, mother of the petitioners. The defendant Smt. Malti Agarwal died on 25.3.2014 during the pendency of the suit and the petitioners were substituted being her daughters. Despite having been substituted, they did not file any additional written statement rather sought time from the Court below. The records indicates that five dates was fixed for filing additional written statement and last opportunity was granted to the petitioners on 17.9.2015 for the purpose. They did not file a written statement and, therefore, 28.10.2014 was fixed evidence. The evidence of plaintiff was concluded on 15.11.2015 however the petitioners/defendants did not file their evidence on the next date fixed rather moved application for grant of time to file additional written statement.
(3.) This application was rejected vide order dated 6.5.2015 which was challenged in Writ Petition No. 39820 of 2015. The said Writ Petition was dismissed as misconceived petition by detailed order dated 12.8.2015. Thereafter, the petitioners filed application 99-C on 3.11.2015 with the prayer to recall the order of closing evidence of the defendant. The application 99-C dated 3.11.2015 is on record as annexure '4' to this petition and finds place at page 25 of the paper book. The affidavit accompanying the said application is not brought on record.;