Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 3 CS DJ 73/26
Pranav Jain Vs. ANURAG GUPTA
08.09.2026
Pr.: Sh. Ayan Sharma, Ld. Counsel for the plaintiff.
Mohd. Yasir, ld. Proxy Counsel for the defendant.
Arguments heard on the application u/Sec.5 of the Limitation Act,
1963 for condoning the delay in filing written statement moved on behalf of
the defendant.
It is submitted on behalf of the defendant that there is 15 days delay in
filing of WS as the mother of the defendant was running ill and defendant was
taking care of her due to which he could not approach the counsel in time.
On the other hand, Ld. Counsel for the plaintiff has submitted that he
has no objection if the application is allowed, however, subject to payment of
costs.
Heard. Record perused.
It is noted that no document is placed on record regarding the illness of
the mother of the defendant. It is well settled that a matter should be decided
on merits rather than on technicalities. Accordingly, application u/Sec.5 of the
Limitation Act, 1963 for condoning the delay in filing written statement
moved on behalf of the defendant is hereby allowed, however, subject to costs
of Rs.2,000/- to be paid to the opposite party for delaying the case.
Put up for completion of pleadings, admission-denial of documents and
framing of issues on 21.09.2026. Both the parties are directed to file their
respective affidavits of admission-denial of documents and exchange the
copies with each other.
(PANKAJ ARORA)
District Judge-16, Central Distt.,
Tis Hazari Courts, Delhi,
08.09.2026
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