IN THE COURT OF HON’BLE SH.

KAUTUK, LD CIVIL
JUDGE-03, WEST DISTRICT, TIS HAZARI COURTS, NEW
DELHI
CS SCJ/12252/2016

IN THE MATTER OF:

JASPAL KAUR SETHI …PLAINTIFF

VERSUS

ARADHNA SRIVASTAV
PROP. M/S UNIVAC INTERNATIONAL ...DEFENDANT

INDEX

S.NO. PARTICULARS PAGE NO.

1. WRITTEN SUBMISSIONS QUA THE
APPLICATION FILED BY THE
DEFENDANT U/S 151 OF THE CIVIL
PROCEDURE CODE SEEKING
RECALL/SETTING ASIDE OF THE
IMPUGNED ORDER DATED
18.01.2023 ON GROUNDS OF
SEVERE MEDICAL AILMENTS OF
THE DEFENDANT ALONGWITH
AFFIDAVIT.

COUNSEL FOR THE PLAINTIFF

KAPOOR AND
CO.
D-5, LGF, JANGPURA
EXTENSION
NEW DELHI-110014
EMAIL:
admin@kapoorandcompany.com
M: +9555052211
PLACE: NEW DELHI
DATE:
 IN THE COURT OF HON’BLE SH. KAUTUK, LD CIVIL
JUDGE-03, WEST DISTRICT, TIS HAZARI COURTS, NEW
DELHI
CS SCJ/12252/2016

IN THE MATTER OF:

JASPAL KAUR SETHI …PLAINTIFF

VERSUS

ARADHNA SRIVASTAV
PROP. M/S UNIVAC INTERNATIONAL ...DEFENDANT

WRITTEN SUBMISSIONS QUA THE APPLICATION

FILED BY THE DEFENDANT U/S 151 OF THE CIVIL
PROCEDURE CODE, 1908 SEEKING RECALL/SETTING
ASIDE OF THE IMPUGNED ORDER DATED 18.01.2023
ON GROUNDS OF SEVERE MEDICAL AILMENTS OF
THE DEFENDANT.

MOST RESPECTFULLY SHOWETH:

1. That the captioned matter is pending adjudication before this

Ld. Court and is fixed for orders on 05-08-2023 on the
Application filed by the Defendant under Section 151 of the
Code of Civil Procedure, 1908 seeking setting aside/recall of
the order dated 18-01-2023 (hereinafter referred to as the
“impugned order”) passed by this Ld. Court vide which this
Court had closed the right of the Defendant to cross-examine
the PW-1 (hereinafter referred to as the “said Application”).

2. It is submitted that on 19-07-2023 i.e. the last date of hearing,

the Plaintiff had filed her reply to the said Application
alongwith certain citations. Thereafter, the matter was fixed
for orders on the same. Further, the Ld. Court granted an
opportunity to file written submissions qua the said
Application.
3. It is submitted that the submissions made by the Defendant in
the said Application are false, frivolous and untenable. The
grounds

a) It is pertinent to mention that the Plaintiff has filed the

present suit for possession and recovery in respect of
the property bearing no. F-10, second floor, Udhyog
Nagar, New Delhi, 110041, admeasuring 500 sq. ft
(hereinafter referred to as the “said property”). That the
Plaintiff had let out the aforesaid portion of the said
property to the Defendant and executed a lease deed
with M/s Univac International through its proprietor
Smt. Aradhna Shrivastva, w/o Sh. Ashok Shrivastva.
That even in the memo of parties the Plaintiff has only
made Smt. Aradhna Shrivastav; propreietor of Univac
International as the Defendant. However, the Defendant
has filed the present application under the signatures of
Sh. Ashok Shrivastva who has executed/signed the
affidavit supporting the said application as an AR of
Defendant

b) It is pertinent to mention that the Defendant in Para 4 of

the said Application has stated that was medically unfit.

“It is most humbly stated that the Defendant is

medically patient who suffered severe brain stroke
that paralyzed the left side body and ongoing
advanced medical treatment in respect of heart
chronic disease. Therefore, defendant physical
condition is matter of high risk medical complication,
further facing high blood pressure, shortness of
breath, persistent coughing, tiredness, fatigue, heart
palpitations (make up for the loss in pumping
capacity, the hear beats faster). Therefore, in above
circumstances defendant could not appear before this
Hon’ble court trial court.”

c) It is submitted
d)