Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 30 CS SCJ 735/25
Diwas Kumar Vs. Vikas Kaushik
01.11.2025
Present : Sh. Dev Sharma, Ld. proxy counsel for plaintiff.
Sh. Kundan Chandervanshi, Ld. counsel for
defendant (through VC).
ORDER
1. The matter is listed for orders on application u/o 37 rule 3
r/w sec 151 CPC and Sec. 5 of limitation act for
condonation of delay of 12 days in filing memo of
appearance.
2. It is submitted by Ld. Counsel for the defendant that the
summons in the present suit were received by the
defendant on 23.05.25, but that defendant could not file
the memorandum of appearance within 10 days as the
defendant's father has been suffering from a chronic heart
condition and was admitted in hospital on 05.05.25 and
had undergone a bypass surgery and was discharged on
12.05.25. That the defendant being the only family
member to take care was only engaged in attending to his
father's medical needs. It is further submitted that the
defendant’s father-in-law passed away on 04.04.25, and
the defendant was solely responsible for managing the
hospitalisation/funeral rights and other related obligations.
3. Per contra, Ld. Counsel for the plaintiff did not file any
reply and argued orally.
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4. It is a trite proposition of law that effort of the court should
be to decide the suit on merits and not let the purpose of
doing justice after hearing the parties get defeated on
account of procedural infirmities. At the same time, the
importance of procedure as the handmaid of justice can not
be under emphasised, as to ensure a swift and expeditious
trial so that justice is not denied to the parties because of
delay.
5. Striking the balance between these two objectives, the
court opines that a lapse of this kind, in these facts and
circumstances, on the part of defendant should not
altogether proved fatal to his rights in the suit and the same
can be offset by imposition of costs upon him. Hence, in
order to give an opportunity to the defendant to file the
notice of appearance, the application u/o 37 Rule 3 CPC is
allowed, subject to cost of Rs. 1,000/- to be paid to
plaintiff on NDOH.
6. Issue summons for judgment to defendant on filing of
PF/RC/Speed post within 7 days.
7. Put up for further proceedings on 27.11.2025.
(Sahil Gupta)
CJ-07(C)/THC/Delhi/01.11.2025
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