Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2RC ARC77/25
MST ISHRAT JAHAN Vs. HANDICRAFT
22.12.2025
Present: Mr. Vinay Gupta and Ms. Niyati Shriparna, Ld. Counsel for
the petitioner.
Mr. Nitin Mittal, Ld. Counsel for the respondent through VC.
Mr. Kailash Chander, Ld. Counsel for the respondent along-
with respondent.
Arguments have been heard on application u/o 8 Rule 1 r/w
151 CPC seeking condonation of delay.
It is prayed in the present application that delay in filing WS
may be condoned.
It is trite law that rules or procedure are handmaiden of justice
and are meant to promote the cause of justice. Further, while deciding
the application for condonation of delay, the court has to adopt pragmatic
approach.
The respondent has sought condonation of delay in filing the
written statement on the ground that the delay occurred due to lapse on
the part of the earlier engaged counsel. It is stated that the respondent
had furnished complete instructions and was under the bona fide belief
that necessary steps were being taken in accordance with law.
Having considered the explanation furnished, this Court is
satisfied that the delay is not deliberate or mala fide. It is settled law that
the time stipulation under Order VIII Rule 1 CPC is directory, and the
Court retains discretion to accept the written statement in the interest of
substantial justice. Therefore, adopting a liberal view, I am of the
opinion that the non-applicant should be allowed to contest the present
matter on merits.
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At the same time, the petitioner cannot be made to suffer on
account of the respondent’s delay. The inconvenience caused to the
petitioner deserves to be compensated.
Accordingly, the delay in filing the written statement is
condoned subject to payment of costs of Rs. 7,000/- to the petitioner.
The written statement already filed is taken on record.
Application stands disposed of.
Further, grievance of the applicant can be addressed by way
of costs. Accordingly, in the interest of justice, delay in filing WS is
condoned and the WS along-with documents are taken on record
subject to cost of Rs. 3,000/- to be paid by the non-applicant to the
applicant on the next date of hearing. Consequently, the application is
disposed of in aforesaid terms.
Replication, if any, be filed within 30 days with advance copy
to the opposite party.
Put up for arguments on Section 15(1) of the DRC Act/PE for
09.03.2026.
(Devanshu Sajlan)
CCJ-cum-ARC (Central)
THC/Delhi/22.12.2025
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