Full Order Text
Order 4 · 23 Apr 2026 · CNR DLCT010173322025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 5 CS DJ 1248/25 Ram Lal Vs. Lekhram and Ors 23.04.2026 Present: Advocate Sh. Shiv Dhupia for plaintiff. Advocate Sh. Pradeep Kumar has joined through VC whereas Sh. Chandra Shekhar is physically present along with defendant No.1 Lekhram. None for defendants No.3 and 4. Service of summons could not be effected upon defendant No. 2 Banshi Lal through Superintendent, Jail No.3, Central Jail Tihar, Delhi. Written statement and reply to plaintiff’s application for interim relief along with application under Order VIII Rule 1 r/w Section 151 CPC requesting the Court to condone delay has been received through e-filing portal. Copy given. Heard. Ld. counsel for defendant No.1 has adverted to medical papers verifying treatment of Smt. Raj Kumari w/o Lekhram at Sri Ganga Ram Hospital, Delhi for requesting to condone delay of 117 days in filing the written statement. Plaintiff’s suit has been filed seeking partition of property No. 4248/61, Gali No. 61, Reghar Pura, Karol Bagh, New Delhi of late grandfather between 05 siblings and it is well settled law that words “ shall not be later than ninety days” do not take away the power of Court to accept written Page No.1/2 -- 1 of 2 -- statement filed beyond time as held in R.N. Jadi and Brothers v. Subhash Chandra, AIR 2007 (NOC) 2309 (Gau). Application under Order VIII Rule1 r/w Section 151 CPC is therefore allowed and delay in filing written statement is condoned for reasons stated in paras 3 & 4 of application. Issue fresh summons of the suit and notice of application under Order XXXIX Rules 1 & 2 CPC to defendant No.2 Banshi Lal on PF, RC/speed post, Courier and through all permissible modes returnable on 17.07.2026. Interim order is extended till next date. (Tarun Yogesh) District Judge-13 (Central) Tis Hazari Courts, Delhi 23.04.2026 Page No.2/2 -- 2 of 2 --