Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CS SCJ 725/24
Express Spice Pvt Ltd Vs. Ashok Rathi
15.09.2025
Present: Ld. Counsel for the plaintiff through VC.
Ld. Counsel for the defendant through VC.
Defendant in person.
Arguments 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 settled law that procedure is handmaid of justice
and cannot subvert the cause of the justice. Therefore, adopting a liberal
view, I am of the opinion that defendant should be allowed to contest the
present petition on merits. The grievance of the plaintiff can be
addressed by way of cost. Accordingly, in the interest of justice, delay in
filing WS is condoned and WS is taken on record, subject to cost of
Rs.2,000/- to be paid to the opposite party. The application u/o 8
Rule 1 r/w 151 CPC seeking condonation of delay is disposed of
accordingly.
Replication, if any, be filed within 30 days with advance
copy to the opposite party.
List the matter for filing of replication, if any, examination
of the parties/admission/denial of documents/framing of issues on
12.01.2026.
(Rahul Verma)
CCJ-cum-ARC (Central)
THC/Delhi/15.09.2025
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