Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19.11.2024 CS No. 707/24
Sumit Batra vs. Akhtar
Present: Sh. Rakesh Chand, Proxy Counsel for the plaintiff.
Ld. Counsel for the defendant.
This is an application under Order 8 Rule 1 CPC seeking condonation of
delay in filing the written statement.
The summons in the present suit as per the submissions made by Ld.
Counsel for the defendant were served upon the defendant on 14.08.2024.
It is submitted on behalf of the defendant that since incomplete set was
received by the defendant hence, he could not file his reply within the statutory
period of time.
It is further submitted that he could receive the complete set of the
documents on or around 30.08.2024 through whatsapp.
It is further submitted that since due to marriage of the daughter of the
defendant, the defendant was not available in Delhi hence, there was a delay in
obtaining instructions from his client and also that delay of 69 days’ be condoned in
the interest of justice which arose due to reasons beyond the control of the defendant.
Keeping in view the fact that there is an admitted delay in filing the
written statement, however, in the interest of justice the said delay is condoned
subject to a cost of Rs. 1000/- and the written statement is taken on record and
accordingly, the application under Order 8 Rule 1 CPC stands allowed.
Alongwith the written statement, the defendant has filed an application
under Order 7 Rule 11 CPC . Copy supplied.
Let a reply to the said application be filed on or before the NDOH with
advance copy to the other side.
Renotify for reply/arguments on the application under Order 7 Rule 11
CPC on 24.02.025.
Sachin Sood
DJ-01, Central, THC
19.11.2024
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