Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 34 CS SCJ 184/25
Kusum Arora Vs. Kuldeep Singh Mann
14.03.2026
File taken up today in view of order no. 64/G-4/Genl.-I/DHC dt.
27.02.2026 declaring 02.03.2026 as holiday on account of Holi.
Present : Sh. Lokesh Sharma, Ld. counsel for plaintiff.
Mr. B. Khan, Ld. counsel for defendants with
defendant no. 2 in person.
On last date of hearing, application u/o I Rule 10
CPC was allowed.
Amended memo of parties filed by the plaintiff. Be
taken on record. Copy supplied.
Let WS be filed by defendant no. 2, subject to
limitation period with advance copy to opposite side against
receipt, after which, replication, if any, be filed on the NDOH
with advance copy to opposite side against receipt.
Ld. counsel for plaintiff submits that he does not
wish to press the present application u/s 151 CPC. Accordingly,
application u/s 151 CPC stands disposed off.
Today, Ld. counsel for plaintiff has moved an
application u/o XV A CPC. Copy supplied.
Let reply, if any, be filed on NDOH with advance
copy to opposite side against receipt.
Now, coming to the arguments whether the WS has
been filed within limitation, it is submitted that the service on the
defendant was effected on 20.05.25 and the WS was e-filed on
24.11.25 and hard copy of the same was filed on 28.01.26. It is
also submitted that till date no application has been filed seeking
condonation of delay.
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On the other hand, it is submitted by Ld. Counsel for
the defendant that application u/o VII Rule 11 CPC was pending
and the defendant was under the impression that the application
u/o VII Rule 11 CPC would be decided first and then the
limitation to file the WS would start.
Arguments heard. Record perused.
Put up for clarifications, if any/orders / arguments
on application u/o XV A CPC on 01.04.2026.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/14.03.2026
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