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Order 7

CNR DLCT03001128202421 Jan 2025
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Order 7 · 21 Jan 2025 · CNR DLCT030011282024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CS SCJ 352/24 YOG RAJ KARWASRA Vs. MADHU AND ORS
21.01.2025
File received by way of transfer as per order bearing no.
61598-618/F.3(4) CJ/Gaz./2024 dated 29.10.2024 of Ld. Principal
District & Sessions Judge (HQ), THC, Delhi.
Present: Sh. S.G Asthana, Ld. Counsel for plaintiff alongwith
plaintiff.
Ms. Manju Jain, Ld. Counsel for all the defendants.
WS of all the defendants alongwith reply to the
application u/o 39 Rule 1 & 2 r/w Section 151 CP
C and application for condonation of delay u/o 8 Rule 1 r/w Section
151 CPC has been filed. Copy already supplied to the plaintiff.
It is submitted by counsel for plaintiff that WS of the
defendants have been filed after the delay of 53 days.
Counsel for defendant submitted that due to medical
condition of defendant no. 1 and 4, WS could not be filed within
stipulated time period.
Medical documents perused.
Heard. Perused.
It is no gainsay that procedure is the handmaid of justice
and procedural delays should not be allowed to subvert the very cause
of justice. Every effort be made to hear the parties on merits.
Moreover, the grievance of plaintiff regarding delay can be duly
compensated by way of cost. Hence, the application seeking
condonation of delay is hereby allowed and WS is taken on record,
subject to cost of Rs. 1,000/- each to be paid to plaintiff on NDOH.
Contd/-...
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-2-
Replication, if any, be filed on behalf of the plaintiff with
advance copy to the opposite side.
Put up for further proceedings/ consideration on the
application u/o 39 Rule 1 & 2 CPC on 01.04.2025.
[Arvind Dev]
Civil Judge-09, C/THC/Delhi
21.01.2025
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