Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: CS DJ No. 1029/2023
HARINDER KUMAR VS. SUDHIR AHUJA
27.09.2025
Present: Sh. Anurag Sharma, Ld. Counsel for plaintiff.
Plaintiff in person.
Sh. Vibhor Gupta, Ld. Counsel for defendant.
Heard on the application for condonation of delay in
filing written statement under Section 151 of CPC.
It is submitted that there is delay of about 270 days in
filing of written statement as defendant was burdened with multiple
cases which were filed against the defendant. Therefore, he was not in
a position to file the written statement within stipulated period.
Strongly opposed on behalf of the plaintiff.
It is well settled that case has to be decided on the basis
of merits rather than on technicalities.
Accordingly, delay in filing the written statement stands
condoned subject to payment of cost of Rs. 5000/- to be paid to the
opposite party.
Heard on the application for waiver of cost, imposed
upon the plaintiff on the previous date. It is submitted on behalf of the
plaintiff that due to heavy rain that the plaintiff could not reach the
court on the previous date and that is why PAN Card could not
furnished by him on previous date itself.
Copy of PAN Card has already been e-filed on
25.09.2025. Strongly opposed on behalf of the defendant.
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In view of the submissions made the cost imposed on the
plaintiff on the previous date stands reduced to Rs. 2000/-.
Application for waiver of cost stands disposed of.
At this stage, an application under Order VII Rule 10
read with Section 151 CPC moved on behalf of the defendant. Copy
supplied to the opposite party. Cost imposed upon plaintiff is set off
with cost imposed upon defendant.
Put up for payment of cost of Rs. 3000/- on behalf of the
defendant and completion of pleadings on 05.12.2025.
(PANKAJ ARORA)
District Judge-16, Central Distt.,
Tis Hazari Courts, Delhi,
27.09.2025
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