Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 39/25
Tarun Kumar Vs. Vijay Kumar and Ors.
08.05.2025
Present: Sh. G.S. Nagar, Ld. counsel for plaintiff
Sh. Ashok Joshi, Ld. counsel for defendant no. 1 and 2.
Summons issued to defendant no. 1 and 2 received back
served on 21.02.2025.
Summons issued to defendant no.3 received back
unserved.
Written statement has been filed on behalf of defendant
no. 1 and 2 along with an application for condonation of delay in filing
written statement and along with reply to the application under Order
39 Rule 1 and 2 r/w Section 151 CPC. Copy supplied.
Ld. counsel for defendant no.1 and 2 submits that
inadvertently the written statement could not be filed by defendant no. 1
and 2 within the prescribed period due to the reasons as mentioned in
the application and prays that the application be allowed and the written
statement filed by defendants be taken on record.
Ld. counsel for plaintiff submits that he has no objection if
the written statement filed by defendant no. 1 and 2 is taken on record
subject to cost.
In view of the above and in the interest of justice and
keeping in view the settled principle of law that procedure should be
used to subserve and advance the cause of justice, the application filed
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on behalf of defendant no. 1 and 2 for condonation of delay in filing
written statement is allowed subject to cost of Rs. 500/- to be paid by
defendant no. 1 and 2 to plaintiff.
Accordingly, written statement filed by defendant no. 1
and 2 is taken on record.
Ld. counsel for plaintiff submits that he wishes to file
replication to the written statement filed by defendant no. 1 and 2 and
also seeks time to verify the address of defendant no.3.
Replication, if any be filed within 15 days with advance
copy to the opposite party.
Put up for further proceedings on 07.08.2025.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
08.05.2025
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