1

IN THE COURT OF SH. MANOJ KUMAR RANA, CIVIL JUDGE

(SENIOR DIVISION)-CUM- ACJM, GURUGRAM
IA NO. 1 OF 2022
IN
CIVIL SUIT NO. 315 OF 2022
NDOH: 27.04.2022
IN THE MATTER OF:
NEMO through Lt Col (Veteran) Sarvadaman Singh Oberoi ... Applicant Petitioner
Versus
Union of India through The Secretary, Ministry of Ayush, Government of India & others
... Defendants
INDEX
SR DATE PAGE
PARTICULARS
NO
pplication under Section 151 CPC r/w Order 3 Rule 1 describing
ontumacious conduct of all the six respondents neglecting to file
·tten statements (WS) for over 30 days, actually 62 days without
eeking permission of court for delay beyond 30 days in filing WS
(having themselves sough time on 15.02.2022 for filing WS by 18.04.22 2-5
2.02.2022) in harmony with law laid down in Kanwar Singh Saini
1.

. High Court of Delhi, 2011 (6) UJ (SC) 4202 and failing to be

resent in person through authorised officer on 16.04.2022 when so
rdered vide order dated 04.04.2022, with affidavit
anwar Singh Saini v. High Court of Delhi, 2011 (6) UJ (SC)
2. 3.09.11 6-22
202
albir Singh v. Jagjit Singh and ors., MANU/PH/0200/1983, AIR
3. 23-25
1983P&H 154
nion of India v. Orient Engg. & Commercial Co. Ltd. and Ors.,
4. 7.10.77 26-27
1sc100061977, (1978) 1 sec 10
.P. Chadha v. Triyugi Narain Mishra and Ors.,
5.12.00 28-¥/
1sc101ss12000, c2001) 2 sec 221
5.

Place: Gurugram
Date: r8.04.2ffi..2

ApMtitioner
I� ,2--oi 2.-

NEMO through Lt Col (Veteran) Sarvadaman Singh Oberoi

-fJ�

1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018

Mob: 9818768349, Email: manioberoi@gmail.com
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IN THE COURT OF SH. MANOJ K UMAR RANA, CIVIL JUDGE

(SENIOR DIV ISION)-CUM- ACJM, GURUGRAM

IA NO. 1 OF2022
IN
CIVIL SUIT NO. 315 OF 2022
NDOH: 27.04.2022
IN THE MATTER OF:
NEMO through Lt Col 0/ eteran) Sarvadaman Singh Oberoi •.. Applicant Petitioner
Versus
Union of India through The Secretary, Ministry of Ayush, Government of India & others
... Defendants

APPLICATION UNDER SECTION 151 CPC R/W ORDER 3 RULE 1 DESCRIBING

CONTUMACIOUS CONDUCT OF ALL THE SIX RESPONDENTS NEGLECTING
TO FILE WRITTEN STATEMENTS (WS) FOR OVER 30 DAYS, ACTUALLY 62
DAYS WITHOUT SEEKING PERMISSION OF COURT FOR DELAY BEYON D 30
DAYS IN FILING WS (HAVING THEMSELV ES SOUGH TIME ON 15.02.2022 FOR
FILING WS BY 22.02 .2022 ) IN HARMONY WITH L AW LAID DOWN IN
KANWAR SINGH SAINI V. IDGH COURT OF DELID, 2011 (6) UJ (SC) 4202 AND
FAILING TO BE PRESENT IN PERSON THROUGH AUTHORISED OFFICER ON
1 6.04.2022 WHEN SO ORDERED VIDE ORDER DATED04.04.2022

Most respectfully submitted:

1. That notice had been served on Respondents No. 1 to 6 on 14.02.2022.

2. That the Ld. CGSC appeared for Union of India on 15.02.2022 and he as also the
State ofHaryana sought time till 22.02.2022 for filing written statement as recorded
in order of the date.

3. That out of abundant caution fresh notice was issued to two respondents and the
defendant no. 6 was considered ex-parte from 15.02.2022 but was restored suo moto
by the court only on 22.03.2022, this too only because attendance was being recorded
of the. Ld. CGSC without a formal restitution from 22.02.2022 onwards.

·4_ That on 22.03.2022 and all subsequent days the respondents were directed to file WS
but on every date no WS was filed neither a permission was sought for filing WS
beyond the 30 days limit. Be that as it may, on 04.04.2022 the Ld. Court directed the
personal presence of authorised officers of the six defendants concerned for
16.04.2022 in terms of well settled power granted under Order 3 Rule 1 to resolve
the impasse created by the obstructive/ delay tactics of filing multiple applications to
avoid filing WS within the stipulated 30 days.
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5. That on 16.04.2022 the defendants not only failed to be present as ordered on

04.04.2022 but had the temerity to file an application under Order 1 Rule 10 (not
signed physically by the authorised officer of the Defendant No. 2 who was absent)
and yet another application for Stay of proceedings on frivolous grounds without any
supporting documents perhaps under Order 39 Rules 1 & 2 which was also not signed
physically by the authorised officer of the Defendant No. 3 who was also absent.

6. That delay and obstruction of this Jus Cogens Peremptory Norms case filed on
28.01.2022 till 18.04.2022 is clearly at the hands of the six respondents, this Ld.
Court having passed nearly daily more than 26 orders in this case since 28.01 .2022
besides the three orders passed by the appellate court in miscellaneous appeals.

7. That it is provided in Order 12 Rule 2 that "Either party may call upon the other
party to admit within seven days from the date of service of the notice any
document ... .. " and accordingly the defendants were served notice on 18.02.2022
itself to peruse the documents vide Form No. 9 at page 10 of the application dated
17.02.2022, but the defendants failed to carry out inspection from 18.02.2022 till the
closing date of22.02.2022. They have only themselves to blame as the plaintiffs are
now entitled to deemed admission, if so allowed by Ld. Court in terms of Order 12
Rule 2A.

8. That issues could be framed only if WS is filed and return is made so as to enable the
all important "first hearing" where this Ld. Court could apply the provisions of Order
10 Rule 1 as held in Para 6 of Kanwar Singh Saini v. High Court of Delhi, 2011
(6) UJ (SC) 4202.

9. Hence post decisions on Temporary Injunction and Order 12 on 15.02.2022, this

court, in accordance with law well settled, as above elucidated in painstaking detail,
may after completion of the Order 12 PROCESS in accord with law and thereafter
explore the CIL mandated option of "Remedy and Reparation" (UN GA Res
60/147, 2005) for Genocide, Crimes Against Humanity & Crime of Aggression.
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10. That this court may exercise its wise discretion, of course in accord with well settled
law as elucidated above, or otherwise in its wisdom, under Order 3 Rule 1, Order 12
Rule 2-A and Order 12 Rule 3-A, in aid of justice of the situation.
PRAYED ACCORDINGLY

Place: Gurugram
Date: 18.04.2022

Applicant/Petitioner
NEMO through Lt Col (Veteran) Sarvadaman Singh Oberoi
1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018
Mob: 9818768349, Email: manioberoi@gmail.com