Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 580/25
VIKAS JAITLY (SR. CITIZEN) Vs. MUNCIPAL CORPORATION OF
DELHI
06.06.2025
This Court is functioning without Assistant Ahlmad.
Present: Sh. Ajay Malhotra, Ld counsel for plaintiff.
Sh. Syed Adil Hussain, Ld counsel for defendant no.1 / MCD
alongwith Sh. Rajveer, Licence Clerk, Health Department, MCD Karol Bagh.
Defendant no.2 in person.
Sh. Sahil Gandhi, Ld counsel for defendant no.3.
In between dates, written statement alongwith certain documents
filed by defendant no.2. Copy already supplied.
Replication to the written statement of defendant no.2 alongwith
certain documents, filed on behalf of the plaintiff. Copy supplied.
Written statement alongwith an application for condonation of delay
in filing the written statement and reply to application under Order XXXIX Rule
1 & 2 CPC, filed on behalf fo defendant no.3. Copy supplied.
The plaintiff is at liberty to file reply to application for condonation
of delay on or before the NDOH with advance copy to defendant no.3.
At this stage, Ld counsel for plaintiff has raised objection to the
written statement filed by defendant no.2 on the ground that certain documents
have been tagged in between the paras of written statement and the same is not
properly signed and verified as per the procedural law. Bare perusal of the
written statement of defendant no.2 shows that the some of the portions have
been underlined in red sketch pen and certain notes have been written on some
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of the documents. Further, in between the paras of written statement, some
documents have been tagged. In short the written statement and documents filed
by defendant no.2 are not as per law as observed by this Court even on the
LDOH. Accordingly, the written statement filed by the defendant no.2 is taken
off the record being not proper.
At this stage, defendant no.2 submits that he wish to obtain legal
aid. He is accordingly referred to DLSA, Central, Tis Hazari Courts, for
assignment of a legal aid counsel as per law.
Last and final opportunity is granted to defendant no.2 to file the
written statement alongwith relevant documents if any, as per law, within 20
days with advance copy to the plaintiff.
Copy of this order be also given dasti to defendant no.2.
Interim orders to continue till the NDOH.
Put up for arguments on application under Order XXXIX Rule 1 &
2 CPC on 14.08.2025.
(Umesh Kumar)
JSCC-Cum-ASCJ-Cum-Guardian Judge-02
Central, Tis Hazari Courts/06.06.2025
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